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American Civics Handbook 

Containing a Brief Outline of 

AMERICAN CIVIL GOVERNMENT AND 

UNITED STATES HISTORY 



By RALPH R. UPTON, A.B. (Yale), LL.M. 
Principal of the Streator Township High School 



"The best of all governments is that which teaches us to govern 
ourselves." — Goethe. 



Free Press Print 

Streator, 111. 

1908 



|UBRARY of CO! 

Two Copies Heceivoe 

MAR a 1908 

'COWY So 



COPYRIGHT 1907 
By Ralph R. Upton 



.VL'ti 



FOREWORD 



This book is the outgrowth of class-room experience. It is 
published because of a demand from friends for copies of the notes 
which are the basis of the text. For several years the author vainly 
tried ro correlate Civil Government and United States History in a 
single course of one semester by the use of several texts ; the vanity 
of the effort caused the preparation of the notes of which this book 
is the elaboration. After five years of use, in manuscript, he has 
found the plan outlined within these pages eminently successful and 
he presents it to the public with the hope that it may be of use to 
others. 

The text is called a handbook and is intended to be used in con- 
nection with the larger and stronger texts in Civil Government and 
United States History. The liberal use of note books and maps is 
imperative as is also the frequent use of larger texts for elaboration 
of topics but briefly considered in this very concise text. It is 
hoped, also, that it will be found very helpful for teachers and others 
who desire to prepare for examinations. 

It is suggested that this book be used by the advanced class of 
the smaller secondary schools in a course of twenty weeks and that 
the topical method be employed in the United States History, fol- 
lowing the list of Memorable Events in the later history and the 
topics given as sub-heads on the side of the pages in the earlier his- 
tory. 

The author has made a modest effort to correlate all history 
with that of the United States and with Civil Government, using 
the history of England as a medium. In this way it will be possible 
for a student to make a general review of all history in the fourth 
year of his course and make the facts permanently a part of his 
equipment by memorizing the Focal Dates. 



CHAPTER I. 

Social Evolution. 



Man is a social being and the social instinct or sentiment be- 
ing natural and universal, mankind is everywhere found associated 
in groups called social units, and when so associated man is said to 
be living in a state of society. 

With the creation of the family the social life of men began and so- jyj an a 
ciety became a necessity. "In examining these social units it is found that Social Being 
the more civilized their members are, the greater sociability they exhibit, 
and, consequently, the closer they draw together in their common relations. 
The closer they draw together the more interests they have in common, 
and the more necessary it becomes that the selfish desires of individuals 
should give way to, when they conflict with, the general interests of the 
community at large." 

The selfish instincts combat constantly with the higher social 
feelings and mankind early appreciated that the absolute reign of 
the selfish instincts would lead almost immediately to common de- 
struction. In the lowest stages of civilization the sole social aim 
animating man to unite in social units larger than the family, in 
tribal or clan units, was the desire for peace. 

Each soon saw that the maintenance of peace in the social unit was « « f . < 
to the individual advantage of each and that other interests should be se- e 1S nc8S 
cured through the common effort of each member of the social unit. Public Soirit 

Man first desired protection for the game taken in the chase, then for p 

the domesticated animals of the pastoral stage, and later formulated rules 
governing the ownership, at first' only temporary, of the cultivated land of 
the agricultural stage. From these interests developed the many laws re- 
garding personal liberty and the right of property, which are every day be- 
coming so intricate and complicated that now no man can live "to himself 
alone." 

The keynote of social harmony is the subordination of the in- 
dividual desires to the general good. 

Wars, revolutions and immense expense of life and treasure have 
been necessary from time to time to keep this truth in the mind of man, and 
those nations have always been superior in prosperity and happiness and 
frequently in political power which have most perfectly obeyed this rule. 

The earliest unit was the family, which is the "school of all The Family 
the virtues." Xext to the family is the tribe, which was originally The Tnbe! 
only an enlarged family, or the grouping of relatives under a pa- 
triarch. 

This is the stage of social development attained by most of the sav- 
age races of today. 



AMERICAN CIVICS HANDBOOK 



The Nation 



Government 



Citizens 
and Aliens 



The next stage of development is that of the nation. A na- 
tion is a community of persons, usually inhabiting a certain terri- 
tory, associated under and controlled by a single government, and 
with a greater friendliness for one another than for others. The 
nation originated in identity of race, those of the same race consti- 
tuting one nation : thus the nation is as originally an enlarged tribe 
or clan. As nations increased in size other people entered of differ- 
ing races, until now few nations have absolute identity of race. 
Although identity of race is the chief factor causing a feeling of 
common nationality, yet other very important factors operate with 
identity of race, such as a common history, sameness of religion, 
similar customs, a common language and identical commercial in- 
terests. 



The British have a common history, the Jews sameness of religion, 
the Chinese similar custom, the French a common language, the Swiss iden- 
tical commercial interests. 

Nations are generally organized in states. A state is an or- 
ganized society or community of persons living within certain limits 
of territory, and aiming to secure the prevalence of justice by self- 
imposed law. 

The government of a state is subject to change and the people, who 
are the state, can mould it as they will. Individually the members of a state 
are called citizens or subjects; collectively they are called the people. 

Government is the organization of the state, the machinery 
through which its purposes are formulated and executed. Civil 
government is the control by law of the citizens of a state and this 
control involves the exercise of three fundamental functions : 
( i ) The law-making function. 

(2) The law-interpreting function. 

(3) The law-administering function. 

The people living under a government are divided into two 
classes : 

(1) Citizens or subjects. 

(2) Aliens. 

An alien is a citizen or subject of a foreign state, residing in 
another state, where he is held in obedience to the laws but enjoys 
only such rights as the state in which he resides sees fit to grant to 
him, as for example: the right to acquire and own land* to vote, 
etc. All who are not aliens are citizens or subjects. In some 
countries there is a third class, called denizens, but in this country 
all who are not aliens are citizens. Aliens may become citizens of 
the United States by naturalization. So that by the Fourteenrh 
Amendment to the Constitution there are two classes of citizens — 
those of native birth and naturalized aliens. Citizenship does not 
of itself give the right to vote. Suffrage is a. privilege granted as 
a reward of merit. 



GOVERNMENT 



CHAPTER II 

Government 



Government is the organization of the machinery of a state, 
and its functions may be classified : 

(i) As to the character, into legislative, the law-mak- 
ing power; executive, the law-administering-power, and 
judicial, the law-interpreting power : and 

(2) As to the necessity of their performance by the 
state, into essential and non-essential. 
Law being "a rule of action prescribed by a superior power,'' 
it is necessary that the superior power (the state) declare what i c 
law, and this the state does through the legislative power. 

When the laws explicitly forbid certain acts, and attach penalties 10 
their performance, such acts are termed crimes or misdemeanors, and laws 
forbidding them are termed criminal laws, and the persons violating them 
are tried in the criminal courts. When the laws have reference to other 
matters, such as property, contract, commerce, etc., they are termed civil 
laws and are interpreted and applied in civil courts. 

After these laws are made and declared they must be enforced, 
this is done by the state through the executive function : and when 
there is doubt as to the meaning of a law the doubt must be sec- 
tied by the state through the judicial function. 

The forms of government depend largely upon the manner of 
administering the three functions. 

When a government combines the three functions of legislation, ad- 
ministration and interpretation in one and the same person, such govern- 
ment is called an absolute monarchy. When the government is theoretically 
vested, as to the three functions, in one and the same person, but the power 
of the ruler is limited by a constitution, formulated wholly or in part by the 
people, written or unwritten, such a government is called a limited or a 
constitutional monarchy. A government in which the chief executive and 
the members of the legislative department are chosen by the people and 
the judiciary chosen by the executive or elected by the people, is called a 
representative democracy, or a republic. Where the whole body of the peo- 
ple meet to make the laws and select in a public meeting the executives 
and judges, such a government is called a pure democracy. A state in which 
all the functions of government are in the hands of a few self-appointed 
leaders is called an oligarchy, or an aristocracy. 



Despotic government and popular government do not 
designate forms distinct from monarchy, aristocracy and democracy 
but the terms are used to de scribe the form of political control by 
the people. 

A popular government is one where, to the utmost degreo, a "govern- 



Functions of 
Government 



Law 



Forms ot 
Government 



Popular 
Government 



8 



AMERICAN CIVICS HANDBOOK 



ment of the people, by the people and for the people," is realized. Thus 
arises the distinction between free and despotic government, as to whether 
rule is in accord with or without reference to, the will of the people. 

As civilization advances the people grow, both in orderly habit and in 
moral qualities. As the distinction between right and wrong develops in 
a people principles of justice are more frequently followed with regard to 
the sanction of the state and as self-dependence develops self-government 
also grows, and man aspires first to individual freedom, (or the security de- 
rived from the law whereby one is protected by the government from th3 
violence of other individuals), and then for political freedom, (or the power 
of the people themselves to determine what form of government shall be 
established and what shall be its power). Subjects may have great individ- 
ual freedom without any political freedom, as in Rome under the emperors, 
and vice versa, as in the South American republics. Since the dawn of his- 
tory there has been a struggle between the forces of authority and of lib- 
erty, government swinging at one time toward despotism anl peace and 
again toward anarcny and freedom, but in most modern civilized countries 
authority and liberty have been happily blended into aconstitutional state. 

The functions of the state as to the necessity of their perform • 
ance are divided into: 

(i) Essential, and 
(2) Non-essential. 

The essential functions are admitted by all but Anarchists, and are 
classified (by President Wilson) as: 

1. The keeping of order and providing for the protection of 
persons and property from violence and robbery. 

2. The fixing of the legal relation between man and wife and 
between parents and children. 

3. The regulation of the holding, transmission and interchange 
of property and determination of its liabilities for debt or for crime. 

4. The determination of contract rights between individual 3. 

5. The definition and punishment of crime. 

6. The administration of justice in civil causes. 

7. The determination of the political duties, privileges and re- 
lations of citizens. 

8. The dealings of the state with foreign powers and the ad- 
vancement of its intellectual interests. 

The non-essential functions are those which regulate the economic, 
industrial and moral interests of the people. This pertains to the govern- 
ment regulation of such matters as harbors, rivers, roads, the post system, 
canals, care for the poor and insane, etc. There is a wide divergance o* 
view and opinion as to the extent the government should participate in the 
non-essential functions. Excessive interference tends towards socialism 
and communion and lack of interference lowers the standard of the state- 
and creates classes and an artistocracy. 



ELEMENTARY LAW 



CHAPTER III. 
Elementary Law. 



As the functions of state as to character are law-making, law- 
interpreting and law-administering, it is important to know some- 
thing of elementary law. 

The law of civil conduct is of two kinds, international, pre- 
scribed by the common consent of Christian nations, regulating 
their intercourse with one another, and in this country administered 
through the Dept. of State, by means of the Diplomatic service 
sometimes with the help of the consular and naval services, and 
interpreted by the Federal courts; and municipal law, prescribed 
by the supreme power of a state regulating the intercourse of its 
state with its subjects and of those subjects with each other. 

American municipal law, is, as to its object, Federal, prescribed by 
Congress and the Constitution and Treaties, and State, prescribed by the 
state legislatures, under the state constitutions. 

Law protects rights and redresses wrongs. Rights, at law, 
are of two kinds, public and private, and Wrongs, are of two kind, 
Private, (known as torts) where the rights of private persons are 
violated, and Public, (known as crimes), where the rights of the 
state over its people, or those of the people in, or against, the state, 
are either diminished or destroyed. 

Besides the written law (and in England the un-written law), there 
are other rules of civil conduct, which are practically applied, by certain 
courts, to the enforcement of rights and the redress of wrongs. The most 
important of these is that system of rules known as Equity. Equity is in- 
tended to supply the defects, and correct the evils, created by the universal- 
ity and inflexibility of the rules of law. When law fails to give protection 
or redress, relief must be sought in equity. It is administered by Courts of 
Chancery or Equity. 

Private rights are of two kinds. Absolute and Relative. Pri- 
vate Wrongs are the violation respectively of the various kinds of 
private rights. There are three absolute private rights, the Right 
of Personal Security; the Right of Personal Liberty; the Right of 
Private Property. 

Personal Security is the right every man has to legal and uninterrupt- 
ed enjoyment of his life, limbs, body, health and reputation. Personal Lib- 
erty is the right to be legally free from imprisonment, and a person will be 
delivered from illegal imprisoning by the judicial proceeding known as the 
Writ of Habeas Corpus. Private property is the right which every man has 
to use and dispose of all his property, subject to no control save that of law. 

Property includes whatever can be exclusively possessed and 



International 

and 

Municipal 

Law 



Rights and 
Wrongs 



Absolute 
Private 
Rights 



IO 



AMERICAN CIVICS HANDBOOK 



Property 



Relative 
Private 
Fights 



enjoyed, and is classified as to intrinsic character as corporeal and 
incorporal ; and as to legal character into Real, or that which is, in 
contemplation law, immovable, and Personal, or that which is mov- 
able in contemplation of law. 

The interest in property is known as an Estate, and is both real and 
personal. The subject of estates is one of the most complicated and elabor- 
ate in law. Estates in real property, in this country, are now nearly ail 
granted by. deed or by will. An estate is acquired by means of a title, and 
a title is therefore the means by which the owner of an estate acquires his 
right of property. There are many kinds of titles, the most important of 
which are those by devise (will, etc.,) marriage, judicial decree, public grant 
(land patent), private grant (deed) and by contract. 

The Relative Private Rights are four: Husband and Wife: 
Parent and Child : Guardian and Ward : Master and Servant. 

The violations of Public Rights are Public Wrongs. Public 
Wrongs, or Crimes, are of three classes : Treason, Felony and 
Misdemeanor. 

In the U. S. as denned by the Constitution, Treason consists only in 
levying war against the U. S., or in adhering to their enemies, giving them 
aid and comfort. Felonies were originally those crimes involving in pun- 
ishment forfeiture of estate, but as forfeiture in this country is forbidde.i, 
it includes those crimes usually punishable by death or imprisonment in a 
State prison. Misdemeanor includes all crimes that are neither Treason 
nor Felony. Felonies against the person, are Murder, Manslaughter and 
Rape. Against property ^rson, Burglary, Larceny and Robbery. Each state 
legislates regarding the classification of crimes and the student desiring 
further knowledge should examine the Statutes of his state. 

Judicial procedure regarding private wrongs (torts) is called a 

Civil Suit in Law and regarding matters in Equity is called a Civil 

Suit in Equity: procedure regarding Public Wrongs or Crimes n 

called a Criminal Case. 

There is some difference in the procedure in Law and in Equity, and 
much difference between Civil and Criminal Cases. In cases at Law the 
person who makes the complaint, that is brings the suit, is termed plaintiff 
(in Equity complainant), and the one against whom the suit is brought, 
the defendant. 

The essential difference in the methods of trial in law and in 
Equity is that in law cases there is a jury of six or twelve men se- 
lected from the vicinity to decide the facts, and the judge who pre- 
sides determines the law which is applicable: while in equity cases 
the judge decides both law and facts, and there is no jury. 

By the statutes of many states a jury is permitted in equity cases; 
especially in divorce cases. 

The first thing to do in beginning proceedings is to determine what 
court has jurisdiction of the case. This depends upon the location of the 
parties or of the property. The plaintiff then files a precipe, which is a paper 
suggesting that a writ be issued by the court summoning the defendant to 
appear before it. 

(2) The next step is for the plaintiff to file with the court his 
formal complaint, called in law a "declaration" and in equity s 
"bill of complaint" and to notify the defendant that the suit has 



ELEMENTARY LAW 



I It 



been brought against him. The defendant then replies or answers 
in the "plea," and his defense may be again answered by the plain- 
tiff in the "replication," and so on, if necessary, through the re 
joinder, surrejoinder, rebutter, sur-rebutter, etc., until the exact 
points at controversy are determined, or as stated technically, until 
the "issue" is determined. This stage is called' the process of 
"pleading." 

The law case is then ready for (3) trial, but in equity the parties 
then proceed to take depositions or take evidence before a master in chan- 
cery and in equity the lawyers argue the case before the judge as to the 
conclusions drawn from the facts presented. All the evidence and docu- 
ments in the equity case are called the record. In the trial (3) of a case at 
law both lawyers state to the judge and' jury the points each expects to 
make. Then the witnesses on each side are examined and cross-examined, 
under very delicate rules of evidence as to admissible testimony. 

(4). This concluded, the lawyers, in what are called "prayers" 
or "instructions, " ask that the judge instruct the jury that the law 
which is applicable is such and such. The judge grants such 
prayers as he sees fit, and instructs the jury as to the 
law, and directs them that if they find the facts as based upon the 
given evidence to be so and so, they are to give a decision in favor 
of the plaintiff; or if they find the facts to be otherwise, then they 
are to decide in favor of the defendant. 

5. This decision by the jury is termed the "verdict," and must 
be concurred in by all twelve of the jury. 

The next step is for the defeated party, if he so desires, to take 
an appeal to a higher court. 

In a law case this takes the form of an argument in the higher court, 
in which there is no jury, based upon the alleged errors committed by the 
judge of the lower court in any of his rulings either upon the admissibility 
or inadmissibility of evidence, or in his instructions to the jury, which al- 
leged errors have been excepted to by the defeated party at the time made. 
Other grounds of error may also be adduced. The higher court rarely inter- 
feres with the verdict of a jury in the court from which the appeal is taken; 
only where the verdict is very evidently unreasonable or where there is some 
technicality as to the personelle of the jury will the higher court s'et 
aside a verdict on appeal. If the judge of the higher court thinks the trial 
judge committed material error a new trial is ordered in the lower court. 



Appeal 



In the case on appeal to a supreme court in a suit in equity the 
whole "record" goes to the higher court and the trial is substantial- 
ly similar to that held in the lower court. 

In a criminal case the first step is the arrest of the offender. 

This may be without warrant where there is great certainty of the 
criminal, or with warrant, which is a paper issued by a magistrate com- 
manding an officer to arrest the man therein described for alleged crimin- 
al act. The accused is than brought before a magistrate, who, if he has 
jurisdiction, may give immediate trial, if not he may commit the accused to 
await the action of the grand jury for trial before the proper court, and un- 
less release J on "bail" (a bonded security given by friends guaranteeing the 
appearance for trial of the accused at the proper time), the accused awaits 
trial in jail. 

There are three ways in which one suspected of crime may be 
formally accused : By information, which is a written accusation. 



Criminal 
Case 



12 



AMERICAN CIVICS HANDBOOK 



Formal under oath, by a public prosecutor, to a competent court: an 

Accusation} indictment, which is a written accusation presented by a grand jury, 

Inlfctmcn? under oath, and upon the suggestion of the public prosecutor, to a 

Presentment competent court. 

The grand jury then considers the evidence and if they deem it suffici- 
ent order the arrest and trial of the accused by assenting to the indictments 
and returning them as "true bills." If the indictments are returned "not 
true bills" the accused, if in custody, is at once released. 

The third form is the presentment, which is a written accusa- 
tion presented by the grand jury upon its own motion. 

The main differences in the trial of a criminal case from that 
of a civil is that the public prosecutor acts for the State as plaintiff : 
the first step is the arraignment, or formal demand of the guilt of 
the prisoner. In answering he is said to plead to the indictment, 
information or presentment. After the usual trial procedure, dif- 
fering but slightly from the civil, the jury brings a verdict of 
"guilty" or "not guilty," and the judge imposes the sentence. An 
appeal may be taken by the defendant but not by the state. After 
conviction a pardon may be granted by the Governor in State cases, 
other wise by the President. 



HISTORICAL FOUNDATIONS I 3 

CHAPTER IV. . 
Historical Foundations. 

As Europe has furnished the dominant races of America and as 
America has evolved its institutions from those of Europe it i:> 
necessary to begin the study of American History with a brief sur- 
vey of European history. 

In considering history from the viewpoint of Civics it will be 
best to examine very briefly the events which were steps in the 
struggle between liberty and authority. Not to be burdened with 
a mass of dates and facts the following events and dates have been 
selected as those pertaining to the illustration of man's gradual 
emancipation from tyranny. 

B. C. iooo. Israel under Solomon. Dominance of mono- 
theism. 

B. C. 776. First Olympiad. Beginnings of Greece and cult- 
ure. 

B- C. y^3- Founding of Rome. Beginning of Rome and 
rule by law. 

B. C. 490 Battle of Marathon. Persia and Orientalism 
crushed in Europe. 

B. C. 331. Battle of Arbela. Persian Empire in Asia 
crushed by Alexander. 

B. C. 55. Invasion of Britain by Caesar. Law and order 
enters England. 

B.C. 4. Birth of Christ. Religious toleration begins. Focal Dates 

A. D. 410. Alaric sacks Rome. Romans leave Britain. 
Way opens for Saxons. 

A. D. 449. Hengist and Horsa enter Britain. Local self- 
government begins. 

A. D. 597. St. Augustine in Britain. Christianity in Brit- 
ain. 

A. D. 622 Hegira of Mohammed. Asia reformed and up- 
lifted. 

A. D. 800. Charlemagne crowned. Beginning of Holy 
Roman Empire. 

A. D. 1066. William the Norman becomes king of England. 
Centralization. 

A. D.i 21 5. Magna Charta granted the Barons by John. 
"The first Bulwark." 



14 AMERICAN CIVICS HANDBOOK 

A. D. 1265. First House of Commons. Parliamentary gov- 
ernment begins. 
A. D. 1438. Invention of Printing. Freedom of the press 

begins. 
A. D. 1492. Discovery of America by Columbus. "A haven 

for the persecuted." 
A. D. 15 17. The Reformation. Freedom of Worship. 
A. D. 1628. Petition of Right. "The second Bulwark oi 

English Liberty." 
A. D. 1689. Bill of Rights. "The third Bulwark." 
A. D. 1776. Declaration of Independence. 
As the English language is the tongue of the people of the 
Africa* United States and as the institutions of the United States are de- 
Civic rived largely from those of England, the real history of the peo- 
History pj e f t ^ e United States commences, previous to 1776, with the be- 
ginning of the history of England. The American Civic History 
may be divided into three parts as follows : 

Part I. The History of England previous to 1776. 
Part II. The events in America from 1776 to 1828, the period 
when the United States was dominated by foreign influences. 
Part III. The events from 1829 to the present. 



ENGLISH CONSTITUTIONAL HISTORY 



*5 



CHAPTER V. 



Richard 
Edward 



I, 1 1 89: John, 

II, 1307: Ed- 



Henry V, 1413: Henry 



Part I — English Constitutional History, 

The dates of the reigning monarchs are the bases of English 
chronology. The following is the list: (England has been ruled 
by tight dynasties, Norman, 1066: Plantagenet, 11 54: Lancaster, 
1399: York, 1 46 1 : Tudor, 1485; Stuart, 1603; Nassau, 1689: 
Brunswick-Hanover, 1714; Saxon rule was so weak and non-cen- 
tralized that it has been disregarded : ( Saxon ; Egbert 828 ; Alfred 
878). 

NORMAN: William I, 1066: William II, 1087: Henry I, 
1 100: Stephen, 1135. 

PLANTAGENET : Henry II, 1 1 54 
1 199: Henry III, 12 16: Edward I, 1272: 
ward III, 1327: Richard II, 1377. 

LANCASTER: Henry IV, 1399 
VI, 1422. 

YORK: Edward IV, 1461 : Edward V, 1483: Richard III, 
1483. 

TUDOR : Henry VII, 1485 : Henry VIII, 1509 : Edward VI, 
1547: Mary, 1553: Elizabeth, 1558. 

STUART: James I, 1603: Charles I, 1625: (Common- 
wealth, 1649), Charles II, 1660: James II, 1685. 

NASSAU: William and Mary, 1689: Anne, 1702. 

BRUNSWICK: George I, 1714: George II, 1727: George 
III, 1760: George IV, 1820: William IV, 1830: Victoria, 1837: 
Edward VII, 1901. 

True American Civic History commences during the reign of 
George III. Previous to that our history was identical with that 
of England. The following is a brief sketch of the constitutional 
changes previous to the Declaration of Independence. 

While it is usual to speak of the English as a mixed race form- 
ed out of the fusion of the Britons, the Anglo-Saxons, the Danes 
and the Normans, yet one element has maintained a decided pre- 
dominance; this element is the German or Teutonic, sometimes 
called the Anglo-Saxon. When the Anglo-Saxon invaders secured 
a foot-hold in Britain in the 6th Century they established institu- 
tions there, which still exist in modified form and form the basis of 
American civil life. While the English race owes its virility large- 
ly to its mixed character, yet England and the United States owe 



Kings of 
England 



English a 
Mixed Race 



i6 



AMERICAN CIVICS HANDBOOK 



Shire 



County 



Borough 
Manor 



Eorl, 
those 



their high position in the world of nations largely to the predom- 
inance of the elastic Anglo-Saxon institutions. 

The Teutons brought to Britain three groups of people : 
or noble: Ceorl, or free yeoman; and two classes of Slaves 
attached to the land and those attached to the person. 

They divided England into 

( i ) Public or Folcland, and 
(2) Private or Bocland. 

In the former originated our American Public Domain, an. I 
in the latter the land held by private ownership. As the regal of- 
fice advanced in dignity and power the King was substituted for 
the Nation and the Folkland became Crownland. The unit of the 
territorial division was the Tun, (township or vicus), occupied 
by a group of free owners, and governed by a tun-gerefa, (or elect- 
ed head man), and its tun-gemot, or assembly of freeman. The 
tuns were grouped in Hundreds, (called Wapentakes in the coun- 
ties settled by Angles), ruled by a Hundred-man and a Hundred- 
gemot, or Hundred-court. A group of a Hundred constituted the 
Shire and the united Shires made up the Kingdom. 

The Shire, meaning simply a "share' or a larger whole, called 
also Scire, was originally a small kingdom, one of the divisions of 
the original Heptarchy (or seven kingdoms) : it was ruled by a Scir 
gerefa, or Sheriff, conjointly with an Ealdorman, who was original- 
ly elected by a general assembly of the small kingdom. In 828 the 
many small Teutonic kingdoms dividing Britain were united by the 
conquest of Egbert of Wessex and then for the first time we have 
a united England. On the annexation of an under-kingdom to 
Wessex the ealdormanship usually became herditary in the old 
royal house and the sheriff became the special representative of the 
King. He was judicial president of the Scir-gemot and general 
executor of the law. After the Norman Conquest the word Coun- 
ty, meaning the domain of a count or earl, was partially substituted 



Parish 



for the word shire. England has today forty counties, Wales has 
twelve, Scotland thirty-three and Ireland has thirty-two. 

The Burh, or Borough, was simply a more strictly organized form of 
the township. "It had a ditch or mound instead of the quick-set hedge or 
'tun' from which the township took its name, and as the 'tun' was origin- 
ally the fenced homestead of the cultivator, the "burh" was the fortified 
house and court yard of the mighty man." 

In these boroughs arose clubs among various classes called guilds of 
which the most famous were the merchant-guilds, or hansa, the ancestors 
of our modern trade-unions. 

The English Manor means a landed estate in which the owner has cer- 
tain judicial powers and rights of lordship. 

The Teutons were heathen when they conquered England. When 
they were Christianized the church was made a state institution and people 
were taxed for its support. The country was divided, for taxing purposes, 
into parishes, having almost the same boundaries as the more ancient town- 
ships, so that the terms parish, town and manor came to have much the 



ENGLISH CONSTITUTIONAL HISTORY 



17 



same geographical meaning. Parish now his a political significance as well 
as an ecclesiastical one. In England and Wales there are 13,000 eccleciasii- 
cal parishes and 15.000 civil ones, of more than 10,000 have the same bound 
aries for both eccleciastical and civil. In the southern colonies of Ameri- 
ca Parish was largely used for town, and in Louisiana Parish is still used 
instead of county. 

The Supreme Council of the English Nation, in Saxon times, 
was the Witenagemot, or Meeting of the Wise. This was a demo- Witenagemot 
cratic body in theory, which every freeman had a right to attend, 
but aristocratic in practice and attended only by the selected nobii- 
It had most extensive powers, of which the following were 
the chief : 

1. It had the power of deposing the King for misgovern- 

ment. 

2. It had the power of electing the King, and it had a direct 

share in every act of government. 

3. It acted from time to time as a Supreme Court of Justice 
both in civil and criminal causes. This last survives in the judicial 
nowers of the English House of Lords and of the U. S. Senate. 

The infusion of Norman blood and institutions into England by this 
coming of William, the Norman, in 10G6 was a fusion rather than a conquest 
or absorption, a fusion facilitated by the common Teutonic ancestry of both 
the Saxons and the Normans. The constitutional changes were practical 
rather than formal. William appropriated the Folcland, and the forfeited William 
Saxon estates and gave them out to his followers in a sort of feudal tenure, and 

bur with a marked difference from the feudal tenure of Continental Europe. Feudalism 
While all the elements of Feudalism had long existed in England prior o 
the Cor quest, yet as a system it was not established until William introduc- 
ed it in a modified form. The two chief elements of Feudalism were: 1. 
Contract of mutual fidelity between lord and vassal, and 2. Tenure of land 
by military service. The immediate dependence of the vassal on his over- 
lord weakened his allegiance to his supreme lord, the king, and to prevent 
this William demanded and received not only the sworn allegiance of his 
lords but every lord's free tenant or vassal was compelled to swear alleg- 
iance to the king personally. By this act England was made one and the 
government was centralized in the king. 

William of Normandy reorganized the Witenagemot as the 
Magnum Concilium, which was divided eventually by the Norman 
and Plantagenet Kings into a body of : 1 . the officers of the 
King's household, from which evolved the (a) Privy Council ana Parliament 
(b) the Courts of Justice, (Exchequer, King's Bench, Common 
Pleas, Chancery and Forest Courts) ; and into a body, sitting sep- 
arately, of : 2. The Tenants in chief of the Crown, consisting of : 
the (a) First Estate, or Lords Spiritual; (b) the Second Estate, or 
Lords Temporal, together called later the House of Peers, or House 
of Lords; and (c) the Third Estate, consisting of deputies from 
the towns, which by accession of Knights of the Shires became in 
1265, the House of Commons. The meeting of the tenants of the 
crown was called in 1246, and after, the Parliament. 

The Parliament that sat in 1246 consisted of but the First and 



i8 



AMERICAN CIVICS HANDBOOK 



the Second Estates, the Third Estate, (or House of Commons), 
did not sit as a part of Parliament until when in 1264 Simon de 
Montfort held Henry III a prisoner after the battle of Lewes a par- 
liament was summoned in the name of the imprisoned King that 
differed from former assemblies in the fact that "two citizens from 
each city, and two townsmen from each borough or town, together 
with two knights or country gentlemen from each county were 
summoned to London to join the Barons and Clergy in their delib- 
erations. Thus, in the winter of 1265 the House of Commons or- 
iginated." This was only a revolutionary body and did not be- 
come a legal body until 1295. It assumed practically its present 
form of king, lords and commons in the reign of Edward I. 

The House of Lords includes the First and Second Estates, and con- 
sists of 580 members; these are divided as follows: 

26 Lords Spiritual, 510 hereditary peers of the United Kingdom, (a 
number constantly changing), 28 Irish representative peers elected for life 
and 16 Scottish peers elected for each parliament. The modern House of 
Commons has 670 members; 495 for England and Wales, 72 for Scotland, 
and 103 for Ireland. 

Members of the House of Commons are elected for a term of seven 
years by secret ballot. No recent House of Commons has lived its full 
term of seven years. Any full citizen is eligible except certain clergymen, 
certain returning officers and English and Scottish peers. Irish peers may 
be elected. Members serve without pay and the Commons elect their own 
speaker and other officers. 

The House of Commons originates all bills for raising revenue 
and have more than equal authority with the House of Lords in law 
making. When the King gave the Minister (who must always be a 
member of the House of Commons) the power to create an indefinite 
number of peers to pass any bill (William IV to Earl Gray in 1832) 
it made the House of Commons supreme and since then it has been 
the real government of England. 

The Executive head of the modern English government is the 
Cabinet which consists of the principal ministers of State. Mem- 
bers of Parliament, who have the "confidence of the House of Com- 
mons," are appointed to the Cabinet by the King. 

When Parliament has voted against a measure of the administration 
the members of the old cabinet resign and the King sends for the recognized 
head of the majority party in the House of Commons and asks him to form 
a cabinet. The king then appoints and commissions those he names. These 
men are always chosen from both houses of parliament and the Cabinet 
must consist of not less than eleven and the following are always members: 
1. The First Lord of the Treasury. 
Lord Chancellor. 
Chancellor of the Exchequer. 
Lord President of the Council. 
Home Secretary. 
Secretary for Foreign Affairs. 
First Lord of the Admiralty. 
The following are usually members: 

8. The Lord Privy Seal. 

9. The Colonial Secretary. 



2. 


The 


3, 


The 


4. 


The 


5. 


The 


6. 


The 


7. 


The 



ENGLISH CONSTITUTIONAL HISTORY 1 9 

10. The Secretary for India. 

11. The Secretary for War. 

12. The President of the Board of Trade. 

13. The Chancellor of the Duchy of Lancaster. The following are 

sometimes members: 

14. The Postmaster General. 

15. The Chief Secretary for Ireland. 

16. The President of the Local Government Board. 

The Ministry is distinct from the Cabinet in that it indicates 
some forty-six department chiefs and includes the members of the Ministry- 
cabinet. The Cabinet grew up under William and Mary and ac- 
quired its independence of the Crown under the first two Georges 
who could scarcely understand English. It is now an established 
rule that. the sovereign shall not attend the discussion of his ad- 
visers. Its meetings are secret and its members are bound by its 
decisions. 



20 



AMERICAN CIVrCS HANDBOOK 



CHAPTER 



Normans 
end 

Plantagenets 



Magna 
Charta 



Tutors 



Larly Struggles for Political Liberty. 

The Norman and Plantagenet Kings affirmed the right to tax 
the people; the lords and commons struggled against unequal and 
uncertain taxation ; the tendency towards centralization tempted the 
kings to tyrannize over the lords and commons. When in need of 
money the kings gave in exchange for special tax levies special 
promises in writing called charters, which were species of con- 
tracts between the king and the people. When Henry I came to 
the throne in noo he issued a Charter of Liberties which was im- 
portant as a "recognition by a practically despotic king of the an- 
cient and lawful freedom of the nation and of the limitation of the 
royal power . " This was a voluntary grant and its promises were 
soon broken: tyranny increased and the clash came in 12 15 whe-i 
the barons and clergy of England speaking for all of England com- 
pelled King John to sign Magna Charta. 

Of the sixty- three articles of this memorable document but 
three have imperishable value: the 14th, the 39th and the 40th. 
39. No free man shall be taken or imprisoned, or disseised, or out- 
lawed, or exiled, or anyways destroyed; nor will be go upon him. 
nor will we send upon him, unless by the lawful judgment of our 
peers, or by the law of the land. 

40. To none shall we sell, to none will we deny or delay, right 
or justice. 

14. This provides in elaborate form how the National Coun- 
cil may be summoned, and it is there expressed how all dues from 
the people to the King shall be imposed only with the consent of 
the National Council, unless otherwise distinctly specified. 

After the War of the Roses had destroyed most of the ancient 
nobility, Henry VII, (the victor of Bosworth Field), brought 
the Tudor House to the throne. On account of the lack of the old 
nobility to organize opposition the kingly sway of Kings Henry 
VII and Henry VIII was the' most nearly absolute of any 
time in the history of England. This supremacy was sup- 
plemented by the fact that all the Tudors were able sovereigns. 

The Stuarts, the successors of the absolutism of the Tudors, 
did not have the Tudor executive genius. The new intellectual 
light of the Reformation and the Renaissance had become brighter 
until under the Stuarts it became focused in the Puritan ele- 
ment. The Puritans, in fighting for their religious rights, not nee- 



EARLY STRUGGLES LOR POLITICAL LIBERTY 



21 



essarily for religious toleration, against the Stuart doctrine that 
royal authoiity is of God and that no religion could be tolerated 
that looked to th.; people as the source of any ifind of authority, 
became the unconscious champions of religious toleration and the 
rights of man. 

This freedom of thought found its expression in the House of 
Commons where the majority was soon organized for free speech 
in parliament, for the right to freely and publicly consider matters 
concerning ;he general welfare of the nation, for exemption from 
arbitrary imprisonment, for the right to be judges of the elections 
of the membership of the House of Commons, and above all, that 
there should be no legal taxation without the consent of the people 
as represented by the House of Commons. In brief they stood for 
the provisions of Magna Charta. James and Charles Stuart re- 
sented and resisted these claims, each summoning parliament to 
grant him money in taxes to carry on the government as he saw fit, 
and to each of which demands the Commons replied that griev- 
ances must be redressed before any grant would be voted. The 
kings raised money in every illegal way until Charles I found thai 
he could raise no more and then was forced to appeal to Parlia- 
ment. The Commons replied, in 1628, by drawing up a petition 
called the Petition of Right, which Charles agreed to but did not 
keep. It became, nevertheless, a part of the unwritten English 
Constitution, and provided: 

1. Without an act of Parliament no one could supply the king 

with money, or be compelled to pay any tax for that 
purpose. 

2. Soldiers and sailors could not be quartered on private 
homes. 

3. No one could be punished or imprisoned contrary to law. 

4. The people should not be subject to martial law. 

The people came into their rights through the Great Rebellion 
and the Commonwealth, but the lack of wisdom of Cromwell's suc- 
cessor produced the peaceable Restoration. Then came moretyran- 
ny and misrule culminating in 1688 in the Revolution by which 
James II was forced to flee. When the Convention (practically a 
parliament) declared the throne vacant it drew up the Declaration 
of Rights reciting the arbitrary acts of the late king and calling to 
the throne Y\ llliam of Orange, through the right of his wife, Mary 
Stuart. The principles of the Declaration were set forth in a bill 
called the Bill of Rights which William and Mary signed and 
which by this act came to be the third "great bulwark" of the Brit- 
ish Constitution. It provided : 

1. Except by the consent of parliament the King could not 
maintain a standing army in time of peace. 



Stuarts 



Petition 
of Right 



Declaration 

and 

Bill ot 

Fights 



2 2 AMERICAN CIVICS HANDBOOK 

Only by the consent of Parliament could the people be 

taxed. 
Any and all subjects may petition the crown for redress 

of grievances. 
Election of members of the Parliament must be free from 

all interference. 
Parliament must frequently assemble and must enjoy ab 

solute freedom of debate. 
The king is forbidden to interfere in any illegal way with 

the execution of the law. 
A Roman Catholic or a person marrying a Roman Cat*i- 

olic is henceforth not capable of inheriting the crown 

of England. 
Three checks upon English despotism constitute, what Lord 
Chatham called: "the Bible of the English Constitution." 

1. Magna Charta, 121 5. 

2. Petition of Right, 1628. 

3. Bill of Rights, 1689. 

The time was now ripe to take this English constitution to 
America and recast it into the greatest legal document drawn by the 
hand of man, the United States Constitution of 1789. 



THE DISCOVERERS OF AMERICA 



23 



CHAPTER VII. 
The Discoverers of America. 



America owes its strength to the mixed character of its races, 
but its political solidarity and great assimilative power rest upon the 
elastic Anglo-Saxon institutions embodied in its marvelous consti- 
tution. Its hope for the future and its promise of ultimate wor'd 
power rest on the constant infusion of strong, hardy, though ignor- 
ant, immigrants. This immigration has been one of the character- 
istic features of American history from the earliest times. The 
original inhabitants are rapidly passing and the soil is now pos- 
sessed by the vigorous descendants of the hardy pioneers who have 
made America the land of push and promise. Our study of history 
naturally proceeds from discoverer to pioneer until permanent civ- 
ilization is established. 

The first who came were the Northmen, who, in the ninth cen- 
tury (875), planted a colony in Iceland. Their sagas, or traditions, Northmen 
inform us that in 981, Eric, the Ped, discovered a strange land to 
the far west which he named Greenland. In the year 1000 Leif 
Ericson, (the son of Eric, the Red), discovered a beautiful country 
which abounded in grapes and which he called Vinland. Though 
the Northmen were in touch with America until the 14th century 
no traces remain of them and we may disregard the Norse and 
other so-called discoveries. 

The last half of the 15th century was one of great changes in 
Europe. England had given up her claims to the North of France 
and had grown strong at home; France under Louis XI, had at- 
tained about the same limits as today ; Spain, under Ferdinand and 
Isabella, was the leading power in Europe ; Portugal, shut off from 
the rest of Europe, naturally led in conquest and colonization out Europe in 
of Europe ; the Pope was the head of the Church and the Church 15th Century 
ruled all kings. The Portuguese had found Maderia, 1419, the 
Canaries, .1431 ; the Azores, 1448; Cape Verd Islands, 1434, and 
finally the way 'o India via Cape of Good Hope, 1487. In 1474 
Toscanelli, in answer to a letter of inquiry, sent Columbus a map 
showing China to be only 52 degrees west of Europe, (it is 231 de- 
grees.) This was the most intelligent scientific idea of that day. 

To Christopher Columbus, born about 1446 in Genoa, is due 
the credit of trying, scientifically, to find a route to India. 

He had come to the conclusion that the earth was round and that he 
could reach the Indies by sailing west 3000 miles (it is 9000 miles) . He 



24 



Columbus 
1492 



The Cabots 
1497 



had no money to fit out ships and when he asked for money from Genoa, 
Portugal, England and Spain, they refused it. Finally Queen Isabella sup- 
plied him with money enough to fit out three small vessels. 

August 3, 1492, Columbus set sail, with 90 men, mostly crim- 
inals, in the Maria, Nina and Pinta. On Friday, October 12, 
1492, thirty-three days after losing sight of land, and distant 3230 
miles from Palos, he landed on Watling's Island (Bahama Group) 
and named it San Salvadore. 

In September, 1493, Columbus set out for a second time with 17 ves- 
sels and 1500 men, founded Isabella in Haiti, discovered Porto Rico, Jamai- 
ca and some of the lesser Antilles. On his third voyage (1498) he reached 
South America and discovered the mouth of the Orinoco. He made a 
fourth voyage to Honduras and Panama in 1502, but never set foot within 
the present bounds of the U. S. and always believed that he had hit on the 
coast of Asia. The continent was called America from Amerigo Vespucci, 
a Florentine, who was first to describe it as a separate continent, and who 
was the pilot of the expedition of Pinzon and Solis, (1497) in the Gulf of 
Mexico, and who afterwards had charge of an expedition to Brazil under 
the King of Portugal, 1501. It was named America after Vespuccius by a 
German geographer, Waldseemuller. 

Almost immediately after Columbus's first voyage, Pope Alex- 
and VI, issued a bull dividing the non-Christian portion of the 
world into two parts : Spain to have all that she might discover 
west of a line 160 leagues west of the Axores ; and Portugal all that 
she might discover east of it. In the following year the Pope con- 
sented to fix the line at 360 leagues west of the Cape Verde Islands. 
This did not please Henry VII of England so he sent an expedition 
under John Cabot, an Italian then living in Bristol, who landed 
somewhere near the mouth of the St. Lawrence, probably on Cape 
Breton, in 1 497, and so Cabot was the first European since the days 
of the Northmen to set foot on the continent of North America. 
Accounts of the voyage are unsatisfactory, and those of the voyage 
of 1498, under the command of Cabot's son, Sebastian, are still 
more vague. Upon these discoveries England based her claim to 
colonize North America. 

French discoveries, like those of Spain, had very little to do with the 
history of the United States. Cortereal and Denys, both French, in 1501 
and 1506, reached the coast of Nova Scotia and the Gulf of St. Lawrence. 
In 1524 Verrazano, a Florentine in the service of France, explored much of 
the northern coast as far north as Newfoundland. In 1534 Jacques Cartier 
discovered Prince Edward Island, sailed up the Gulf of St. Lawrence and as 
far as the present site of Montreal, fancying most of the time that he was 
rapidly nearing China. 

Spain continued her search for gold. In 15 13 Ponce de Leon 
discovered land on Easter and from the day named it Florida. 
The same year Balboa, climbing the mountains of the Isthmus ol 
Panama, discovered an ocean to the South, which he called the 
South Sea (Pacific). The year 15 19 was a most celebrated one in 
the history of Spain, for then the famous Cortez began his con- 



THE DISCOVERERS OF AMERICA 



quest of A Iexico. by far the richest and most advanced country . f 
North America, and Magellan started from Spain to sail around 
the world by the* way of South America and the Cape of Good 
Hope. He was killed in the Philippines, but his ship reached Spair: 
and by the voyage proved two things : 

i. That the earth is round and can be circumna\ igated. 

2. That the lands discovered are not a part of Asia and be 
across the pathway to that country. 

In 1532 a Spanish force of 200 men and 60 horses, under Francisco 
Pizarro conquered Peru. 

The Spaniards send several expeditions to explore the southern part 
of what is now the United States, and thus secured a first title to that 
region. , 1. ' De Ayllon attempted to found a colony on Chesapeake Bay, 
1526. 2. Narvaez, with a party, explored the land north of the Gulf coast, 
passed the mouth of the Mississippi, probably the first white man to see 
that river, and after the death of Narvaez the survivors reached the Pacific 
coast and thus were the first to cross the continent, 1528. 3. Ferdinando de 
Soto, with a force of 620 men, marched inland from the coast of Florida; 
and in 1541 penetrated to and then beyond the Mississippi. 4. In 1540, 
Coronado, incited by the tales of the survivors of Narvaez's expedition, of 
seven rich and wonderful "cities of Cibola," went northward from Mexico, 
but found the cities to be only Indian Pueblos, of which some are standing 
yet; he penetrated to the country of Quivira (Kansas) and this expedition 
led to the founding of Santa Fe in 1572. St. Augustine had been founded 
in Florida in 1565, (the oldest European settlement in the U. S.), as a mili- 
tary necessary to oppose the French Huguenot settlements of Ribault in 
South Carolina and Laudoniere at St. Johns, Florida. In 1565 Menendez 
destroyed the Huguenot settlements, and a French noble, Gourgues, avenged 
the disaster on the Spaniards of St. Johns. 

England at this time had several famous half-piratical sea captains, 
of whom Sir John Hawkins and Sir Martin Frobisher were famous, but the 
most noted was Hawkins's captain, Francis Drake, who was the first Eng- 
lishman to circumnavigate the globe in a voyage in which his exploits 
against the Spaniards, especially in the Pacific, read like a fairy tale. On 
this voyage he discovered the west coast of California and claimed it for 
England as New Albion, 1578-1580. 



Cortez and 

Magellan 

1519 



Spaniards 

in the 

Interior 



26 



AMERICAN CIVICS HANDBOOK 



Europe 

in the 

16th and 17th 

Centuries 



First 
Attempts by- 
England 



The London 
and 
Plymouth 
Companies 



■CHAPTER VIII. 

The Pioneers of Many Nations. 

The 1 6th Century marked the rise of the Spanish power in 
America, but the great battle for the supremacy was not to be 
fought in Spain. The 17th century opens with new contestant 1 ?. 
The Dutch Republic (William of Orange) had broken the Spanish 
yoke in the Netherlands. France (Henry of Navarre) had freed 
herself from Spanish claims. With the destruction of the Arma- 
da (1588) England (under Elizabeth) became mistress of the 
seas. Spanish supremacy died with Philip II (1598). Each na- 
tion hastened to plant its colonies on. our shores. 

England's title to North America rests upon the voyage of ths 
Cabot's in 1497 and 1498. 

In those days priority of discovery gave title to heathen lands. The 
first serious attempt to colonize by Englishmen was made by Gilbert in 
1579-1583 and was a failure. In 1584 his half-brother, Sir Walter Raleigh, 
one of the most progressive men of his. day, sent out an expedition to ex- 
plore the coast of the Carolinas. The explorers returned with such an en- 
thusiastic account of the. country, that Elizabeth, the virgin queen, called il 
"Virginia." Raleigh sent a colony of 108 emigrants under Ralph Lane in 
1585, but it ended in failure. It, however, introduced to Europe the potato 
and tobacco. He made a second attempt in 1587, under John White, but o? 
this colony no tract could be found two years later, all had perished, in- 
cluding Virginia Dare, the first child born to English parents on American 
soil. No further attempt was made until 1606. At this time England had 
a restless population. There was a religious discontent, owing to the re- 
pressive measures of the Stuarts. While the upper classes were prosperous 
the wool trade with Holland and Flanders encouraged sheep raising in Eng- 
land and vast tracts of tillable land were devoted to sheep pastures and 
thus threw many out of employment and the people were in great distress 
for food and this distress produced lawlessness. To relieve this condition 
of the working classes and to gratify the commercial spirit, the great mer- 
chants of the cities naturally turn to colonization. Out of this economic 
condition all of the Southern American Colonies were evolved, with the ex- 
ceptipn of. Maryland.. New England, Pennsylvania and Maryland grew o^t 
of the religious disturbance which was identical in time with the above 
social conditions. 

Through the influence of several prominent Englishmen, sec- 
onded by Sii John Popham, chief-justice of England, and Sir Fet- 
dinando Gorges, King James I, granted a charter to a company 
having two sub-divisions: I. The London Company, composed 
of London merchants; and II. the. Plymouth Company, compose! 
of traders and country gentlemen in the West of England, having 
headquarters at Plymouth. Under this grant, known as "King" 
James Patent of 1606," was given the land ■"commonly called Vir- 



THE PIONEERS OF MANY NATIONS 



2 7 



ginia" between 34 degrees and 45 degrees, north latitude, extend- 
ing inland one hundred miles. The Plymouth Company might 
make settlement anywhere between 38 degrees and 45 degrees ; the 
London Company between 34 degrees and 41 degrees. Neither 
was to make a settlement within 100 miles of one already made 
by the other. This patent proved unsatisfactory, and a new 
charter was granted to the London Company, called the "Virginia 
Charter of 1609," bounding it to that space of land between a 
point 200 miles north and south of Old Point Comfort (34 degrees 
to 40 degrees), extending west and northwest throughout from 
"sea to sea." Under the James Charter of 1606 was made the first 
permanent English settlement in 1607 at Jamestown by the London 
Company. In 1620 the king reorganized the Plymouth Company 
as the Plymouth Council for New England, extending their charter 
limits from the line of the Virginia Company (40 degrees) on' the 
South to the 48th degrees on the North from "sea to sea." Un- 
der this charter the Pilgrims, separatists from the Church of Eng- 
land, landed at Plymouth in 1620. The only attempt at settlement 
made by the Plymouth Company was made May, 1607, under the 
auspices of Popham, On the Kennebec in Maine, but one severe 
winter broke it up and the company never sent another. The Lon- 
don Company in December, 1606, sent 120 emigrants, who, on 
May 3, 1607, selected a peninsula on the James River for settle- 
ment and founded Jamestown. 



Jamestown 
1606 



The beginnings of Virginia are a terrible tragedy of famine and death; 
of 630 early colonists 570 died in the first two and one-half years. Captain 
John Smith was the only energetic man among them and he pacified and 
fought the Indians, found supplies, explored the country and was the prin- 
cipal man in the little government. In 1611 Dale was appointed governor 
and in March, 1612, the company secured a fresh charter, which gave it more 
powers of self-government. In 1619 the colony was granted a representa- 
tive assembly and in the same year negro slavery was unfortunately intro- 
duced. The development of sovereignty in the colony offended King James 
who in 1624 annulled the company's charter and Virginia became a Royal 
Colony. 



A company of "Separatists," dissenters from the Church of 
England, to escape persecution, fled to Holland, where they re- 
mained eleven years. They finally determined to remove to Amer- 
ica, where they might follow their own ideas of worship and gov- 
ernment. These Pilgrims, as they afterwards were called, set out 
for Southampton and from there to America in two vessels and 
one of them proving unseaworthy they put back and about a hun- 
dred Pilgrims again started in the ship Mayflower on Sept. 6, 1620. 
for the Hudson River country under a patent from the London 
ompany, but through the treachery of the ship's captain they were 
landed just off Cape Cod, within the territory of the Old Plymouth 
Company, from which they had no patent. Owing to the latter 



Plymouth 
1620 



28 



AMERICAN CIVICS HANDBOOK 



fact they drew up a brief "compact" to organize a "civil body 
politic" on board the Mayflower, November n, 1620, before land- 
ing and chose John Carver as governor. After explo i ation they 
decided to settle at Plymouth and landed December 11. 1620. 

Plymouth was practically independent, never having had a charter 
or a royal governor until it was merged in 1692 with Massachusetts Bay. 
In 1628 John Endicott and a small party of Puritans (who differed from the 
Pilgrims in not having altogether separated from the Church of England, 
but like the Separatists, disliked certain forms of worship), settled at 
Salem and thus laid the foundation of the colony of Massachusetts Bay. 
They came under a patent from the Council for New England, and in 1629 
were given a charter by Chas. I. In 1630 a thousand people crossed to 
Massachusetts Bay owing to the company itself moving over to America, 
with officers, charter and all its powers and thus the Puritans obtained and 
perpetuated an almost independent colony in America. John Winthrop was 
elected governor and was twelve times re-elected. Among the other lead- 
ers were Endicott, Vane, Cotton and Hooker. 

FRANCE established her first permanent colonics at Port 
Royal, in Acadia (Nova Scotia), 1604: Quebec, 1608: and Mon- 



France in 

America treal, l6ll. 



The Dutch 



Swedes 



These settlements secured the control of the Gulf of St. Lawrence and 
the highway to the interior of the continent. Prevented by the hostile Iro- 
quois nation from penetrating south of, or following, the Great Lakes, they 
ascended the Ottawa, crossed its portage by Lake Nipissing to Lake Huron 
as early as 1615, (five years before the landing of the Pilgrims). The next 
few years led to the discovery of Lake Superior, 1629, and Lake Michigan, 
1634. 

The real founder of French power in Canada was Samuel de Cham- 
plain, who was one of the most notable men of his time, of high character, 
a Catholic, well educated, far-sighted and prudent. He made his first settle- 
ment in Quebec in 1608. Jesuit missionaries came over in 1611 and sup- 
planted his wise work. In 1673 Marquette and Joliet discovered the north- 
ern part of the Mississippi and descended as far as the Arkansas. In 16P9 
LaSalle discovered the Ohio and the Illinois, and in 1682 reached the mouth 
of the Mississippi. 

HOLLAND in 1609 sent out the English sailor, Henry Hud- 
son, who discovered the Hudson River and 1614 the Dutch settled 
on Manhattan and founded New Amsterdam and in 1624 had es- 
tablished trading posts as far north as Albany and as far south a; 
Fort Nassau (near Philadelphia). 

They called the Hudson the North River, the Delaware the South 
River and the country between New Netherlands. In 1664 Chas. II seized 
New Amsterdam (population then 1600) and turned over the newly acquired 
territory to his brother, James, of York, who became the Lord Proprietor, 
and changed the name of the land to New York. By this conquest the 
English also came into control of the Swedish settlements on the Delaware 
as the Dutch had conquered the latter in 1655. Thus did English dominion 
begin in New York, New Jersey, Pennsylvania, and Delaware and by one 
stroke she swept aside her rivals (except France) for territory in the United 
States. 

The SWEDES first settled at Fort Christina (Wilmington, 
Del.) in 1638 



THE PIONEERS OF MANY NATIONS 



29 



When New England pushed the Dutch back from the Connecticut 
River in 1650 to the Hudson Valley the Dutch retaliated by seizing the 
Swedish settlements on the Delaware and Swedish rule in America dis- 
appears in 1655. 

CHART OF DISCOVERIES. 



1492 

1493 
1497 

1497 
1498 
1501 
1501 

1513 
*5 2 4 
1534 
1519 

x 543 



1532. 
1540- 



1539 

1565 
1582. 

1513 



1 521. 

1578- 



THE EAST. 
Islands off coast. Basis ot Spanish 



Islands off the coast. 
North America. Cape 



Breton. Basis 



Columbus. 

claims. 

Columbus. 

John Cabot 

of English claims. 
Pinzon and Solis. Mexico to Chesapeake Bay. 
Sebastian Cabot. Labrador to Cape Cod. 
Cortereal. Nova Scotia. French. 
Yespucius. Explores Brazilian coast. 
Ponce de Leon. Discovers and names Florida. 
Verrazano. Basis of French claims. 
Cartier. French. 
Cortez lands on Mexican coast. 
Narvaez. Florida to Pacific. 
De Soto. The Mississippi. 

THE INTERIOR. 

1521. Cortez conquers Mexico. 

Pizarro in Peru. 
1542. Coronado. Gila River. Rio Grande. Colo- 
rado. 
■1 541. De Soto. Florida. Georgia, Alabama, Mississ- 
ippi. 
St. Augustine founded. 
Santa Fe founded. 
Balboa. Discovers Pacific. 

THE WEST. 

Magellan. Sails around South America into Pacific. 
1580. Drake. Sails around South America, up coast 
to Oregon and circumnavigates globe. 



3o 



AMERICAN CIVICS HANDBOOK 



CHAPTER IX. 
Permanent Settlements. 



The 

Southern 

Zone 



The 

Northern 
Zone 



It will be noticed that by "King James Patent of 1606" the 
London Company received authority to settle between 34 and 41 
degrees of latitude and the Plymouth between 38 and 45 degrees, 
in other words, London Company between Cape Fear and the Hud- 
son; Plymouth, between the Rappahanock and the Bay of Fundy. 
One grant thus overlapped the other by three degrees and in this 
strip the first company making a settlement would receive title to 
it. But in this middle strip or zone neither company made a set- 
tlement, so that the coast naturally divides into three zones : the 
northern, (from Fundy to the Hudson), settled by the Plymouth 
Company, or rather by its successors ; the Middle Zone, settled at 
first by the Dutch and Swedes, and then coming to England by the 
conquest of 1664; and the southern zone, (between the Rappaha- 
nock and Cape Fear), settled by the London Company. 

Southern Zone : Virginia, Maryland, North Carolina, South 
Carolina and Georgia, were formed out of the grant to the London 
Company by the king through the following changes : 

1. Settled in 1607 and all called Virginia. 

2. In 1632 the new colony of Maryland was formed out of the north- 
eastern part of Virginia, which was granted by Chas. I, to Geo. Calvert, 
Lord Baltimore, as a proprietory colony, and was settled by Leonard Cal- 
vert in 1634 at St. Mary's, as a refuge for persecuted Roman Catholics. An- 
napolis was founded in 1683 and Baltimore in 1729. 

3. In 1665 Chas. II took off the southern part of Virginia, the present 
state of North Carolina, added it to the present territory of South Carolina 
and Georgia, and called the whole Carolina, and granted it to eight pro- 
prietors. It was settled largely by Virginians and Scotch. 

3. In 1729 the proprietors sold Carolina to the king and it was then 
divided into two royal provinces, North Carolina and South Carolina. 

4. In 1732 the new and last colony of Georgia was formed out of the 
territory of South Carolina. It was founded by James Oglethorpe as a ref- 
uge for poor debtors. It was very largely settled also by Italians, Moravi- 
ans, and Scotch, who came there to escape persecution. 

Northern Zone: The New England Colonies formed from the 
Plymouth Company's grant were at first seven : Plymouth, Mass 
Bay, Connecticut, New Haven, Providence, Rhode Island, and 
New Hampshire. 

Plymouth was united in 1692 with Mass. Bay, New Haven in 1662 
with Conn., and Providence in 1644 with Rhode Island. There were thus 
finally four New England colonies : Mass. Bay, New Hampshii e, which was 
granted in 1622 to Gorg s and Mason, but was settled largely by people 
from Massachusetts, and became a royal province in 1679 (and 1691) . 



PERMANENT SETTLEMENTS 



Connecticut, settled by emigrants from Boston (Windsor, Weathers- 
field, and Hartford), in 1635, who in 1639 drew up the fi/st written constitu- 
tion; and by a company from England under Davenport and Eaton (New 
Haven, Milford, Guilford and Stamford), in 1638, who tried to form a theo- 
cracy; in 1662 a charter was granted which formed the constitution of Conn, 
until 1818; and Rhode Island, founded by Roger Williams, in 1636, (Provi- 
dence), and Anne Hutchinson in 1638 (Rhode Island); charters were granted 
in 1644 and 1663, which latter charter was the only constitution of Rhode 
Island until 184/!. 

Middle Zone : New York, New Jersey, Pennsylvania and Del- 
aware were really conquered soil, taken from the Dutch. 

New Netherlands flourished from 1626 to 1664 under the Dutch, de- 
spite the rather unwise rule of four Dutch governors, Minuit, Van Twiller, 
Kieft and- Stuyvesant. Under Minuit the patroon system was introduced; 
any one who would plant a colony of fifty persons was allowed to select 
lands sixteen miles frontage on one side or eight miles on each side of a 
navigable river and extending as far into the interior as the situation of the 
occupiers will permit; over this land and people the patroon was given 
feudal sway. 

When Chas. II took the land in 1664 and changed the name to New 
York he granted the territory (which then included (Eastern) New Lork, 
Long Island, Martha's Vineyard, Nantucket, New Jersey and Delaware, and a 
doubtful title to Penn.), to his brother James, Duke of York, who 
at once sent out Col. Nichols as governor. In 1685 James became King 
James II and he made New York a royal colony. The Dutch again seized j^ c Middle 
the colony in 167 6 and held it for a little over a year, and when it was re- Zone 

stored to the English Edmund Andros was appointed James' governor. In 
1683 the colonists were granted the right to a representative assembly. 
The English rule of New York was almost always bad, but the province 
prospered in spite of it. 

On receipt of his grant in 1664 from Chas. II, James sold to Lord 
John Berkeley and Sir John Carteret that portion between the Hudson and 
Delaware extending to 41 degrees north latitude, to be known as New Ceas- 
erea (New Jersey) . They divided it (by a line wh'ch in 1787 ran from 
Little Egg Harbor to about six miles north of the Delaware Water Gap) 
into East and West Jersey. The first settlement was Dutch, in 1617, at 
Bergen and the first English settlement was Puritan in 1664 at Elizabeth. 
In 1676 Berkeley sold his share (West Jersey) to Quakers: Cartaret retained 
East Jersey. After the death of Cararet the Quakers purchased East Jer- 
sey in 1682 and it was all encorporated with Pennsylvania under Penn. In 
1702 New Jersey became a Royal province. 

In 1681 William Penn, the influential leader of the Quakers, obtained 
from Chas. II, in payment of a debt which the British government owed his 
father, a grant of the territory which is now the state of Pennsylvania. 
Pern established a Quaker colony but he did not shut out persons of other 
religious beliefs nor did he allow any religious persecution. In 1682 he 
bought from the Duke of York what is now the State of Delaware and added 
it to his colony. 

The Swedes and the Dutch had already settled in the territory, prin- 
cipally in Delaware; Chester, (then called Uplandt), being founded in 1643. 
Penn at once sent out a company of emigrants and himself came over in 
1682 and met the Indians under a great elm-tree by the Delaware, bought the 
land from them, and made with them a treaty of peace which was not 
broken for seventy years. In 1683 he laid out Philadelphia. Penn's plan of 
government, with some changes, remained in force until 1776. Delaware 
was settled by the Swedes in 1638 and conquered by the Dutch in 1655. it 
passed with New Netherland to the Duke of York who sold it to Penn in 
1682. Its people were allowed a separate assembly in 1703 but had the 
same governor as Pennsylvania; and were considered a part of Pennsyl- 
vania until the Revolution. 



32 AMERICAN CIVICS HANDBOOK 

The population had grown from nothing in 1606 to about 
1,260,000 in 1750. In 1688 the colonies had about 200,000 inhabi- 
tants; in 1714 about 435,000; in 1727 about 600,000; and in 1750 
about 1,260,000. Bancroft divides the population in 1754 as fol- 
lows : New England, 436,000 ; middle colonies 380,000 ; southern 
colonies 609,000 (222,000 slaves) ; total, 1,425,000. 

At first the colonists were busied only in agriculture, (tobacco, rice, 
indigo and cereals), hunting and fishing. As they grew richer they turned 
to manufacturing and commerce. This did not please the English mer- 
The Colonies cnants and m 1651 Parliament passed the first of what were called the Nav- 
ia General igation Acts which forbade the colonies to trade with any other country 
than England or to receive foreign ships into tneir ports. They were not 
well enforced for many years and when they were enforced strictly they 
helped greatly to bring about the Revolution. 

The Colonial Governments were of three kinds: 
1. The Charter Colonies, Massachusetts, Rhode Island, and 
Connecticut, in which the governors were elected by the 
people, (though the governor was appointed by the 
Crown in the later history of Massachusetts. 

_, „ , , , 2. The Proprietary Colonies, Maryland and Pennsylvania 

The Colonial , . 1 \ . ' . . I , . J u , J 

Governments (including Delaware), in which the governor was ap- 

pointed by the proprietor. 
3. And Ro)al (or Crown) Colonies, New Hampshire, New 
York, New Jersey, Virginia, North Carolina, South 
Carolina, and Georgia, in which the governors were 
appointed by the king and there were no charters. The 
assembly was elected from counties or towns and in 
conjunction with the governor and council (or in some 
cases an upper house, evolved from the governor's 
council) made laws and appropriated the public funds, 
and sudited the accounts. 

EARLY SETTLEMENTS— TEMPORARY. 

1579-1582 Gilbert. 

1 584-1 587; Raleigh and Roanoke Island. 

PERMANENT— SOUTHERN ZONE. 

1606 London Co. and Plymouth Co. 

1607 Virginia settled at Jamestown. 

1609 New grant to London Co., "sea to sea charter." 

1632 Maryland. ■, 

1663 Carolina. 

1729 Carolinas separated 

1732 Georgia. 



PERMANENT SETTLEMENTS 33 

NORTHERN ZONE. / 

1620 Pilgrims at Plymouth. 

1622 Masoi and Gorges in New Hampshire. 

1628 Massachusetts Bay Colony. 

1629 Maine set off from New Hampshire. 
1636 Roger Williams founds Providence. 

1638 Anne Hutchinson founds Rhode Island. 

1639 Windsor, Hartford and Wethersfield form Connecticut 

Colony. 
1643 New Haven, Milford, Guilford and Stamford form 

New Haven Colony. 
1 644- 1 663 Rhode Island charters. 
1622 Connecticut and Rhode Island united. 
1 69 1 Plymouth and Maine united to Massachusetts. 

MIDDLE ZONE. 

1609 Hudson sails up the Hudson River. 

1 61 4 New Amsterdam settled. 

1639 Swedes on the Delaware. 

1664 English seize New Netherlands. 

1674 East and West Jersey. 

1702 New Jersey re-united. 

1 68 1 Penn's charter. 

1682 Delaware granted to Penn. 



34 AMERICAN CIVICS HANDBOOK 



CHAPTER X. 
The Indians. 

When the Europeans came they found America peopled with 
red men whom they called (erroneously) Indians. The Indians 
lived in tribes with practically no institutional life except that of 
Social tne family and the only virtues deemed worthy of imitation were 
Conditions of a martial order. The hero of the war-path was likewise the 
hero of the council-fire and the village community. Their crude 
society was democratic and chiefs were generally elected and the 
council consisted of the male members of the tribe. Although in 
possession of a magnificent domain they practically did nothing to 
improve it except to assist the natural richness of the soil to grow 
maize and tobacco. 

The Indian population was divided into Eight Great Families : 

I. Algonkins; found throughout the eastern portion of 

the country, from Nova Scotia to North Carolina and West 

to the Mississippi, numbering about 90,000, about one-third 

of the whole Indian population, of which the chief tribes 

were: Powhatans (Va.), Lenape, (Penna.), Mohegans, 

Pequots, Narragansetts, (N. E.), Shawnees, (Ohio Valley), 

Pottawatomies, Ottawas, Chippewas and Sacs-and-Foxes 

of the country about the Great Lakes. 

The Eight 2. Iroquois, (or Five Nations), in western and central 

Families New York; Seneeas, Cayugas, Onondogas, Oneidas and 

Mohawks, and also the Hurons (Wyandots), Eries, Chero- 

kees and the Tuscaroras. (The Cherokees are sometimes 

classed as Muskokis). 

III. Muskokis, (Moskaki, Muskhogee), of the south and 
south-eastern part of the United States, extending west t.) 
the Mississippi, embracing the Creek, Seminole (meaning 
"wanderers," really refugees from other tribes, . chiefly 
Creek), Choctaw, Chickasaw, Uchees and several other 
small tribes. 

IV. Dakota (h)s, or Sioux, west of the Algonkins and 
extending from the Saskatchewan River to Southern Arkan- 
sas and from the Mississippi to the Rocky Mountains. 

V. Shoshones, or Snakes ; forming six groups extend- 
ing over parts of Idaho, Utah, Wyoming, Oregon, Nevada, 
Montana, Texas, California and New Mexico. 



THE INDIANS 



JD 



VI. Athabascas, inhabiting Alaskas, Canada and part of 
Oregon. 

VII. Yumas, in Arizona and California. 

VIII. New Mexican Pueblos, speaking six languages 
and inhabiting twenty-six villages (pueblos). 

RELATIONS OF THE EUROPEANS WITH THE INDIANS. 

The Spaniards treated the Indians with great cruelty and made it the 
rule to enslave those who survived the shock of battle. They soon extermin- 
ated, by massacre or hard labor, the Indians of the islands and tropical 
coasts, and supplied the loss of workers by introducing slaves from Africa. 

The French flattered, petted and treated with ceremonial respect the 
tribes with which they first came in contact and Indian women often be- 
came the wives of Frenchmen. The early alliance with the Huron-Algon- 
kins caused Champlain in 1609 to make common war with the Hurons upon 
the Iroquois, which made the Five Nations the hereditary foes of France 
and thus saved New England and compelled France to seek the interior for 
colonization. 

The policy of France was uniformly kind; that of the English differed 
with the policy of each colony; the English treated the Indians with scorn 
and the Indians reciprocated with a hearty hate, except in the case of the 
relations with Penn and the Quakers. This is how it happened that the 
French could "sprinkle the West with little posts far from Quebec and sur- 
rounded by the fiercest of tribes while the English could only with diffi- 
culty defend their frontier" which was again and again attacked. The 
chief Indian wars previous to the contest between France and England for 
the control of the continent were as follows: 

In Virginia two massacres of the whites were planned by Opechanca- 
nough, one in 1622, in which 350 were killed and the other in 1644 in which 
300 were slain. This chief was the successor of Powhatan and with his 
death trouble in Virginia (proper) ceased. 

In 1636 the Pequots, who dwelt along the Thames River in Conn, 
made war on the settlers. Ninety men from Conn., 20 from Mass. and some 
Mohegan Indians marched against the Pequots and killed all but five of the 
warriors in the stockade near Stonington, Conn. 

In 1675 the Narragansetts, Nipmucks and Wampanoags, led by King 
Philip (son of Massasoit) and Canonchet, rose upon the English and a dread- 
ful war followed. When it ended in 1678 the three tribes were annihilated 
and hardly any Indians except the friendly Mohawks were left in New Eng- 
land. Out of ninety English towns twelve had been destroyed and forty had 
been the scene of fire and slaughter. At the same time there was a brief 
uprising of the Indians in Maryland, which was quickly put down. 

In 1711 North Carolina had trouble with the Tuscaroras and eventual- 
ly drove most of them away to New York where they joined the Five Na- 
tions forming "Six Nations." In 1715 South Carolina had trouble with the 
Indian allies of France and Spain but the power of the Indians was broken 
with help of Virginia and North Carolina. 

Indian hostility, until 1763, was largely inspired by the French; from 
1763 to 1800 by the English. Since 1800 Indian wars have been due to Amer- 
ican avarice, or to ignorance of Indian rights and character. 



European 

Policy 
Towards 
Indians 



36 



AMERICAN CIVICS HANDBOOK 



CHAPTER XI. 
The Intercolonial Wars 



King 

William's 

War 

16894697 



Queen 
Anne's 

War 
17024713 



King 
George's 

War 
17444748 



France very early began to plan for universal American do- 
minion. The struggle for supremacy in Europe between the Latin 
and the Teuton was transferred to American soil in 1689. The 
English Revolution drove James II to Louis XIV of France for 
safety. William of Orange (through Mary his wife), the in- 
veterate enemy of Louis XIV, became king of England and war at 
once began in Europe between France and England. 

This first real struggle in America of white men was called 
King William's War, (1689- 1697), m which the Indians of Canada 
and Maine aided the French and the Five Nations the English. 
The French destroyed most of the frontier settlements in Maine 
and New Hampshire and in 1690 burned the New York village of 
Schenectady. In the same year a Massachusetts fleet under Sir 
William Phipps captured Port Royal (Nova Scotia) and there was 
an unsuccessful attempt to conquer Canada. The treaty of Rys- 
wick ended the war and gave each party the same territory as be- 
fore the war. 

In 1702 England declared war against France and Spain and 
the contest was called in America Queen Anne's War (1 702-1 713). 
England failed in an attempt on St. Augustine and France and 
Spain in an attempt on Charleston. The same frontier massacres 
in the North occurred as in the previous war and Port Royal was 
again captured, in 1710, and the name changed to Annapolis. In 
171 1 there was another unsuccessful attempt on Quebec. The 
treaty of Utrecht ended the war in 171 3 and by it England gained 
a region about Hudson's Bay, also Newfoundland and Acadia 
(Nova Scotia). 

In 1744 war again occurred between France and England and 
it was known in America as King George's War. The most im- 
portant event in the war in America was the capture of Louisburg, 
called the Gibraltar of America, from the French by William Pep- 
perrell and the new England militia. The treaty of Aix-la- 
Chapelle in 1748 closed the war and by it all territory was restored 
as before the war and Louisburg was given back to France. 

The French and Indian War (1 754-1 763) was at first entire- 
ly an American War; it did not extend to Europe until 1756, when 
it merged into the Seven Year War. The Ohio Company obtained 
a grant from the English king and prepared to form settlements 



THE INTERCOLONIAL WARS 37 

and open trade in the Ohio Valley; the governor of Canada sent 
troops across the Lake and built forts in the disputed territory. 
Governor Dinwiddie of Virginia sent Washington to require the 
French to leave the Ohio Valley. On the refusal of the French the 
Virginians determined to build a fort near the present site of Pitts- 
burg; this was captured and completed by the French and called 
Fort Duquesne and when Washington was sent against it he was 
compelled to surrender a temporary fort called Necessity, July 4, 

1754. 

In 1755 four expeditions were planned: 

1. Against Fort Duquesne. 

2. Against Nova Scotia. 

3. Against Crown Point, and 

4. Against Niagara. 

Braddock, in charge against Duquesne, was disastrously de- 
feated at Monongehela. Acadia (Nova Scotia) was easily cap- 
tured and the Acadians transported. Crown Point was not cap- 
tured though a successful battle was fought on Lake George and 
Fort Wni. Henry was built. The Niagara expedition was a fail- 
ure. 

1756 and 1757 were disastrous for the English. In 1756 
Montcalm captured Oswego and the next year took Fort William 
Henry. 

In 1758 William Pitt was dominant in the English ministry p h d 
and three expeditions were proposed : Indian Wars 

1. Against Louisburg, which was successful. 17544763 

2. Against Ticonderoga and Crown Point, which was 
beaten back by Montcalm, and 

3. Against Duquesne, which was finally captured, after 
the French had abandoned and burned it. 

In the same year Fort Frontenac was captured by Col. Brad- 
street. 

In 1759 there were three expeditions planned for a joint oc- 
cupancy of Canada: 

1. By way of Niagara, which was captured by Johnson. 

2. By Ticonderoga and Crown Point which were cap- 
tured by Amherst. 

After these successes Johnson and Amherst did not advance 
to corporate with the fleet and army before Quebec, but the success 
of 

3. The expedition against Quebec was entirely due to 
the valor and skill of James Wolfe. 

Quebec was captured after a battle on the Plains of Abraham, 
September 13, 1759. In 1760 Montreal surrendered to Amherst 
and with it all Canada. 



3& AMERICAN CIVICS HANDBOOK 

The war ended with the peace of Paris in 1763, by which 
France ceded all territory east of Mississippi, except two fishing 
stations south of Newfoundland, and the island and town of New 
Orleans. This island and town with all the French possessions 
west of the Mississippi France ceded to Spain ; Spain ceded Florida 
to England. 

In 1763, a great Ottawa chief, Pontiac, planned the most for- 
midable and widespread plot ever divised by an Indian brain. He 
tried to unite all .the tribes west of the Alleghanies to drive the 
English from the posts formerly occupied by the French. Out of 
twelve military posts the Indians took eight and massacred the gar- 
risons. Niagara, Pittsburg and Detroit remained, though the lat- 
ter narrowly escaped. In 1765 Pontiac was forced to beg for 
peace. It was the last general attempt by the Indians until the 
revolt of Tecumseh in 181 1. 

OUTLINE OF INTERCOLONIAL WARS. 

King William's War; Jacobite War; 1689- 1697; Treaty of 
Ryswick, Conquests restored. 

Queen Anne's War; Spanish Succession; 1 702-1 71 3; Treaty 
of Utrecht ; England gains territory. 

King George's War; Austrian Succession; 1 744-1 748; Treaty 
of Aix-la-Chapelle ; Conquests restored. 

French and Indian War; Seven Years' War; 1754- 1763; 
Treaty of Paris ; France loses almost all. 



CAUSES OF THE REVOLUTION/' 39 



CHAPTER XII. 

Causes of the Revolution. 

The population of the colonies was about 2,000,000 in 1760 
and the people had become comfortable and prosperous. Taxes in 
Great Britain were now very heavy and the English people saw the 
colonies voting large sums of money to carry on the war and they 
at once began to think of taxing the colonies. The acquisition of 
Canada made it necessary for England to provide for its defense 
and government. 

Three new provinces were established; Quebec, East Florida 
and West Florida, and by the same proclamation establishing these 
provinces a line was drawn around the head waters of a!l the rivers 
which flow into the Atlantic and the colonists were forbidden to 
settle to the west of it. This region was set apart for the Indians Proclamation 
and called the Indian Country. This country was to be defended 
by 10,000 royal troops, the cost of whom was to be paid partly by 
the crown and partly by the colonies. 

The share of tax of the colonies was to be raised : 

1. By enforcing the old trade and navigation laws by 
"writs of assistance 1 ' and by taking the right of jury trial 
from smugglers. 

2. By a tax on sugar and molasses brought into the 
country, and 

3. By a stamp tax. 

The Stamp Act passed in 1765 and went into effect the same Stam 
year, taxing all legal paper. Questions and disputes under it were Act 
tried without jury. Heretofore all revenue had been raised through 
local legislatures and the colonists were highly indignant at this 
taxation without colonial representation in parliament. 

The Virginia legislature at once passed some fiery resolutions 
and Massachusetts followed with a call for a Congress, called the Congress 
Stamp-Act Congress. This Congress met in New York with dele- 
gates from all the colonies except New Hampshire, Virginia, North 
Carolina and Georgia, and in which the delegates of six of the nine 
colonies represented signed a Declaration of Rights and Grievances, 
which stated : 

1. That Americans were British subjects. 

2. British subjects paid no taxes without legal right to 
a voice in laying them. 



4Q 



AMERICAN CIVICS HANDBOOK 



Five 

Intolerable 

Acts 

1770 



Concord 

April 19, 

1775 



3. Americans were not represented in Parliament. 

4. Parliament therefore could not tax America. 

Riots resulted and boycott of British goods commenced. Then 
Parliament repealed the Stamp Act but declared its right to tax the 
colonies "in all cases whatsoever." The next year (1767) Parlia- 
ment passed the Townshend Acts, (three of them), the first com- 
pelled New York to provide for the royal troops, the second estab- 
lished customs commissioners at Boston to enforce the Navigation 
Acts and the third laid taxes on glass, red and white lead, painter's 
colors, paper and tea, (three pence a pound on tea). 

This produced renewed riots, boycotts and protests to King 
and Parliament. On March 5, 1770, the British troops fired on a 
crowd of rioters in Boston and killed five. Tea sent to this coun- 
try was returned and in some cases destroyed, especially in the case 
of the "Boston Tea Party". 

Parliament then passed five repressive laws (called the "five 
Intolerable Acts") : 

1. The Boston Port Bill, closing the port of Boston and 
moving the custom house to Marblehead. 

2. The Transportation Bill, empowering the governor 
to send to England or another colony for trial anyone ac- 
cused of murder in resisting law. 

3. The Massachusetts Bill taking the old charter from 
Massachusetts and making it a military royal colony. 

4. The Quartering Act, legalizing the quartering of 
troops on the people. 

5. The Quebec Act, which added to Quebec the area west 
of the Alleghanies north of the Ohio and east of the Mississ- 
ippi, and in this area favored the Roman Catholic religion 

and established the French civil code. 

The colonies then established "committees of correspondence" 
which arranged for the meeting of a congress at Philadelphia, 
September 1, 1774. On September 5, fifty-five delegates represent- 
ing all the colonies except Georgia, met at Carpenters Hall, Phila- 
delphia, in the First Continental Congress, which issued addresses 
to the people of the colonies, to the Canadians, to the people of 
Great Britain and to the King and another Declaration of Rights. 
This Congress adjourned October 26, 1774, but before adjourning 
ordered another Congress to meet May 10, 1775, to take action on 
the answer to the petition to the King. Before this Second Con- 
tinental Congress met war had begun. 

The provincial assembly of Massachusetts had ordered 20,000 
"minute men" to be enrolled. The Royal Governor Gage in Bos- 
ton began to fortify Boston Neck. He heard of military stores 
collected at Concord and sent 800 men to destroy them. On the 



CAUSES OF THE REVOLUTION 4 1 

way the British regulars passed through Lexington and there on 
April 19. 1775, they encountered sixty minute men and Ma jo* 
Pitcairn ordered his men to fire on them killing eight of the minute 
men. The British then marched to Concord, destroyed the sup- 
plies and prepared to return to Boston. This return first became 
a retreat, then a rout and then a running battle, when 900 fresh 
troops were met at Lexington. The British lost 273 ; the Amer- 
icans 88. The Americans now besieged Gage and his British in 
Boston, the American Revolution had begun and with it the Na- 
tional History of the United States of America. 

Ethan Allen of Vermont, without waiting for anyone's author- 
ity, surprised and captured the great fortress of Ticonderoga, May 
10, 1775, with a great store of powder and munitions, much of 
which was used later in the siege of Boston. This capture opened 
the road to Canada. 

OUTLINE OF THE CAUSES. 

Provinces of Quebec, East and West Florida formed. 
io,coo royal troops to be partly supported by colonists for pro- 
tection of colonies. 

Taxation without representation : 

1. Navigation acts enforced. 

2. Tariff" on sugar and molasses. 

3. Stamp tax. 

1765. Stamp Act passed; resisted; Stamp Act Congress; six 

colonies at New York. Declaration of Rights and 
Grievances. 

1766. Stamp Act repealed and "Declaratory Act" passed. 

1767. Three Townshend Acts. 
1770. Boston massacre. 

1774. Boston Port Bill; Quebec Act; Massachusetts Bill; 
Quartering Act; Transportation Bill. 

1774. September 1, First Continental Congress; Addresses 

and Declaration of Rights. 

1775. April 19, Lexington and Concord. 
1775. May 10, Second Continental Congress. 



42 



AMERICAN CIVICS HANDBOOK 



CHAPTER XIII. 

The Revolution 



The SECOND CONTINENTAL CONGRESS met at Phila- 
delphia May 10, 1775, and assumed the authority of a general gov- 
ernment of the colonies. It found the provinces in a slate of war 
and adopted the army around Boston as the Continental Army and 
appointed Washington commander-in-chief. 

The war naturally divided itself into three parts, 

I. Lexington, April 19, 1775, to the Declaration of In- 
dependence, July 4, 1776. 

II. Declaration to Invasion of Georgia. War in North. 
III. Invasion of Georgia to close of war. Chiefly in South. 

I. About ten days before Washington reached Cambridge to take 
command the Americans fortified Breeds Hill, overlooking Boston. On 
June 17, 1775 Gen. Howe and over a thousand British charged twice on the 
works and the third time drove the provincials, owing to the exhaustion of 
the American ammunition, with a loss to the British of over a thousand men 
and to the Americans of half as many. This battle of (miscalled) Bunker 
Hill proved that British regulars were not invincible and that Americans 
could fight. 

The British were then besieged at Boston until Gage was succeeded 
by Howe and Boston was evacuated March 17, 1776. 

Two expeditions were sent against Canada in 1775, one under Schuy- 
ler and Montgomery which captured Montreal and advanced down the St. 
Lawrence and the other under Benedict Arnold, who with great difficulty 
went up the Kennebec through Maine and joined Montgomery at Quebec. 
The assault was at first a success but on the death of Montgomery and the 
wounding of Arnold the Americans withdrew and were compelled to leave 
the country in 1776. 

As the royal governors were driven from the colonies and took refuge 
on British warships many of them perpetrated parting acts of violence. 
Dunmore of Virginia burned Norfolk January 1, 1776, then the richest town 
in Virginia, and the navy bombarded and burned Falmouth (Portland) 
Maine. 

Howe left Boston for Halifax, and Washington, who felt sure that the 
British would next attack New York, moved his army to the Brooklyn 
Heights in April, 1776. Before the evacuation of Boston, Clinton had left 
Boston and with a powerful squadron from England under Parker attacked 
Charleston on June 28, 1776. The palmetto fort of Sullivan's Island under 
Moultrie and a few hundred men so effectually repelled the fleet and army 
that for two years and a half the South was free from the invader. 

II. The king had declared the colonies to be rebels and had hired 
17,000 mercenaries from Hesse Cassel to help crush the rebellion. This and 
the closing of the American ports drove the belligerent provincials into 
rebellion and independence. In June Richard Henry Lee of Virginia intro- 

Declar ation of duced in Congress (then in Phila.), a resolution declaring: "These United 

Indepen^ Colonies are, and of right ought to be, free and independent States." This 

dence resolution was adopted and a committee of five was appointed to draw up a 

fitting declaration. This committee consisted of Jefferson, John Adams, 



War in the 

North 



THE REVOLUTION 43 

Franklin, Sherman and Livingston, and agreed to the Declaration of Inde- 
pendence as drawn by Jefferson. Congress adopted the report and pro- 
claimed the Declaration July 4, 1776. This declaration inspired the French 
revolution nf 178.9 which evolved Bonaparte, who overturned the Holy Roman 
Empire, which displaced Austria, made Prussia supreme in Germany, created 
the German empire of 1870, made England mistress of the seas (Trafalgar), 
and thus produced the commonwealth of Australia and made an Anglo- 
Saxon dominance of the world possible. It is truly the latest bulwark of 
human liberty. 

England now determined to separate New England from Virginia and 
the South. New York was the key of the situation and in June, 1776, Howe 
and his army from Halifax landed on Staten Island and the real struggle 
commenced. Washington had about 20,000 men, poorly equipped and drilled, 
while Howe possessed over 30,000 well trained soldiers. With this force 
Howe nearly surrounded 5,000 Americans under Putnam near Brooklyn and 
completely defeated them in the battle of Long Island; 3,000 of the Ameri- 
cans escaped and two days later joined Washington in New York who re- 
treated north, skirmishing at Harlem and White Plains until he reached the 
hills of Peekskill; and Howe moved toward New Jersey capturing Fort 
Washington on the Hudson and 3,000 men on the way. 

Leaving Chas. Lee at Peekskill, Washington, with 5,000 men crossed 
the Hudson and was pursued into New Jersey by Lord Cornwallis with a 
much large British force. Washington ordered Lee, with his 7,000 troops, 
to join him, but Lee refused and was later captured. This was the gloom- 
iest period of the war and the British thought it ended. 

Washington retreated to New Brunswick, Princeton and Trenton and 
finally put the Delaware River between him and his pursuers. Congress Washington 
fled from Phila. to Baltimore. On Christmas night, 1776, Washington re- in New 
crossed the Delaware and surprised and captured 1000 Hessians at Trenton. Jersey 

He took his prisoners to Phila., returned to Trenton and marched against 
the advancing British, outflanked them, fell on their rear at Princeton, Jan- 
uary 3, 1777, defeated and scattered three British regiments. Cornwallis 
pursued and Washington fled to the hills about Morristown. 

In the spring of 1777 a number of experienced officers crossed the 
ocean and entered the American army; among them, Lafayette, De Kalb, 
Kosciusko, Pulaski and Conway and the next year, Steuben, who was ap- 
pointed inspector general and who first instructed the American troops in 
European tactics. 

Howe returned to New York and put to sea for Phila. with 18,000 men. 
With 11,000 men Washington followed to defend Phila. The British came 
from the Chesapeake and were met at Chad's Ford, on Brandywine. Wash- 
ington was defeated with a loss of 1,200 men, and Howe captured Phila., 
though Washington dared to again attack him and was repulsed atGerman- 
town. In December the troops under Washington went into winter quarters 
at Valley Forge where they suffered terribly from want, cold and disease. 

To help carry out the plan of cutting off New England Gen. Burgoyne 
marched south from Canada with 10,000 men to reach New York. July 1, he 
drove St. Clair from Ticonderoga who joined Schuyler at Fort Edward. A 
British detachment under Baum was defeated by Stark at Bennington, July S ara * c £f 
16. Another detachment under St. Leger, from the west, besieged Fort ^ ct< "< J ' ' ' 
Schuyler (Rome), which siege was relieved by Arnold, after Herkimer had 
been ambuscaded and killed at Oriskany. Schuyler was unjustly superseded 
by Gates, and on Sept. 19 Burgoyne was checked by a battle at Bemis 
Heights (Stillwater) near Saratoga. Oct. 7 a second battle was fought 
near the same place, and the triumphant Americans surrounded Burgoyne's 
camp and compelled him to surrender his army of 6,000 men Oct. 17, 1777. 
This surrender at Saratoga saved New York state, destroyed the British 
plan for the war, induced the king to offer peace and representation in par- 
liament, and secured us aid from France. 

In the summer of 1778 a French fleet sailed for America and Clinton 
(who had superseded Howe) as a consequence evacuated Phila., June 18, 
1778. and crossed to New Jersey for New York. Washington overtook him 
at Monmouth June 28. (Freehold), where Lee allowed his men to retreat and 



South 



44 AMERICAN CIVICS HANDBOOK 

with difficulty Washington prevented the battle becoming a rout. A quarrel 
ensued, resulting in the dismissal of Lee from the service. Washington 
moved north, taking his former position near Peekskill, and until the end 
of the war, in the Middle States, the British occupied New York City, 
Staten Island aud Western Long Island, while Washington's line ran from 
Peekskill to Morristown. 

III. War practically ceased in the north and the British, with 3,500 
troops invaded Georgia and took Savannah December 29, 1778. Georgia 
was completely conquered and a royal governor installed. In 1780 Clinton 
invaded South Carolina, captured Charleston and Lincoln"s army and 
marched north. An American army was raised in North Carolina and the 
command was given to Gates who proved his untfitness by being over- 
whelmingly defeated by Cornwallis at Camden; Gates had 4,000 and Corn- 
wallis 2,000 men, and the Americans were routed with a loss of 2,000; De 
Kalb was killed and Gates ran away, Aug. 16, 1780. A force of 1,200 British 
under Ferguson was trapped and destroyed or taken at Kings Mountain, Oct. 
17 by the mountain militia under Sevier. 

Green succeeded Gates and with Morgan completely defeated the 
British under Tarleton at Cowpens, Jan. 17, 1781. The two armies maneuv- 
ered Eorthward, Greene conducting a masterly retreat across Carolina to 
Guilford, where Cornwallis overtook him, and though victorious the British 
were compelled to fall back on the coast. Greene gradually confined the 
British to the coast, fighting the adverse battles of Hookirk's Hill and Eutaw 
Springs. Cornwallis invaded Virginia and joined the British force under 
Arnold and Phillips. Arnold had attempted to betray West Point and the 
Hudson in Sept., 1780, to the British, but through the capture of Andre was 
w , discovered and compelled to join the British who made him a brigadier- 

el?*jj general. Andre was tried and hanged as a spy. 

Cornwallis took command of this force, sent Arnold to New York, 
and had begun a campaign against the American force under Lafayette, 
when orders reached him from Clinton to seize and fortify some Virginian 
seaport. Cornwallis selected Yorktcwn and began to fortify it in August, 
1781. Washington on hearing that the French fleets had sailed for Virginia 
hurried to Yorktown and took command of the siege, which began Sept. 
30, 1781. The French fleet under De Grasse blocked the James and York 
rivers and Washington and his army surrounded the British by land. Corn- 
wallis held out for three weeks and surrendered at Yorktown Oct. 19, 1781, 
with his whole army of 7,000 men. 

While these events were going on in the South, Wayne stormed 
Stony Point (N. Y.,) July 15, 1778, and John Paul Jones, in the Revenge and 
later in the Bonhomme Richard, created a navy, which captured 102 British 
vessels and permitted the Americans to lose 24. 

In July, 1778, the Terries and Indians ravaged the Wyoming Valley, 
(Pa.,) and the Mohawks raided Cherry Valley, (N. Y.) Nov., 1778. As a pun- 
ishment Sullivan marched into the territory of the Six Nations in 1779, de- 
feated the Indians and laid waste their whole country. The power of the 
Iroquois was forever broken. 

Geo. Rogers Clark crossed the Ohio and captured Kaskaskia July 4, 
1778, and won for Virginia the great northwest. The British evacuated Sa- 
vannah July, 1782, and Charleston Dec, 1782, and there were no more battles 
after Yorktown. 

The treaty (of Paris) was signed (Franklin, Adams and Jay), 
September 3, 1783, and the British left the last post, New York, 
November 25, 1783. They held the forts north of the Ohio for 12 
years longer. Britain acknowledged the independence of the United 
States, with Canada as a northern boundary, the Mississippi as the 
western and Florida as the southern. Spain then owned Louisiana 
and Britain transferred Florida to Spain also. 



THE REVOLUTION 45 



OUTLINE OF THE REVOLUTION 
Around Boston. I. 

1775, June 17, Bunker Hill 

1775, July, Washington takes command. 

1776, March 17, Boston evacuated. 
Elsewhere. 

1 775-1 776, Schuyler, Montgomery and Arnold in Canada. 
1776, January 28, Clinton and Parker at Charleston. 

II. 

1776- July 4, Declaration of Independence. 

Washington's New Jersey campaign. 

1776, Long Island, White Plains, and New Jersey retreat. 

1776, December 25, Trenton. 

1777, January 3, Princeton. 

Washington and Howe fight for Philadelphia. 
1777, Brandy wine, Germantown, Valley Forge. 
Burgoyne's Invasion from the North. 
1777, Bennington and Oriskany. 

1777, October 17, Saratoga. 

Clinton evacuated Philadelphia, Washington follows. 

1778, June 28, Monmouth. 
Washington winters at Peekskill. 

III. 

1778. Invasion and conquest of Georgia. 
Savannah and Charleston taken. 

1780, August 16, Gates at Camden. 

1 78 1, January iy, Morgan at Cowpens. 
Greene's retreat north pursued by Cornwallis. 
1 78 1. October 19, Yorktown. 

1778, July 14, Clark at Kaskaskia. 
1783, September 3, Treaty of Paris. 



4 6 



AMERICAN CIVICS HANDBOOK 



CHAPTER XIV. 
Local Colonial Government. 



Units of 

Colonial 

Sell'-Govern'* 

ment 



County 

Government, 

Virginia 



Township 
Government, 

New England 



The English colonists had been accustomed to partial self-gov- 
ernment in England. In the rural districts, from which came most 
of the colonists, those who paid taxes were allowed to elect parish 
officers and to decide on the expenditures of the parish; the tax- 
payers elected vestrymen, who sometimes selected constables and 
overseers of the poor. The parish, manor and township being prac- 
tically identical, geographically, became the unit of local self-gov- 
ernment in the colonies. 

As county officials in England at that time were mostly ap- 
pointed by the crown, the common people had little to do with 
county government, and it developed only in those regions in the 
colonies where society naturally evolved into an aristocracy. Vir- 
ginia was a country of broad and fertile valleys and slow flowing 
and navigable rivers, and as a result the population was widely 
scattered and the large estates developed a land holding aristocracy 
with few towns and no cities. Eventually the county and parish 
officers were nominated by the landlords. A county court admin- 
istered justice, had important legislative functions and exercised 
general control over such affairs not in charge of the vestry. The 
vestry practically only controlled the church and the poor. Soon 
the method of appointment in both vestry and county court was so 
changed that the members came to be chosen in each case by the 
body itself. The Virginia government thus presented two striking 
features: i. Affairs controlled by select bodies of men without 
the consent of the mass of the voters. 2. The exercise of the prin- 
ciple functions of local government by officers of the county. A 
third and most important feature was that members of the Virginia 
House of Burgesses were sent from the counties. 

New England was a rugged coast, with many harbors, and 
with few navigable rivers, but cut into fertile and small valleys by 
swift streams. This physiography supplemented by the fact that 
the religious belief of early New England fostered independent 
churches, caused the people to build homes in little towns clustered 
around the stockade and the meeting house, and caused them to 
meet frequently in the churches for political as well as religious pur- 
poses. Under these circumstances the New Englanders put into 
practice the ancient English township government, with its annual 
town meeting to elect officers and discuss town affairs. 



LOCAL COLONIAL GOVERNMENT 



47 



The township system of New England was a democracy; the 
county system of Virginia was a virtual aristocracy. In New Eng- 
land the representatives to the Colonial Assembly were elected by 
the towns ; in Virginia they were selected by the counties. 

The Middle Colonies (the conquered area) had a mixed town- 
ship-county system. In New York the township was more import- 
ant than the county, while in Pennsylvania the county officers per- 
formed the most important functions. 

We have therefore three types of local colonial government, 
(based on the settlement of the three areas of the Patent of 1606), 
the New England or township system; the Virginia or county sys- 
tem ; and the Middle, or township-county system. As the West 
was settled by emigrants from the East the local government of the 
Western states favored that of the Eastern region whence the emi- 
grants came. As emigration is usually on parallels of latitude, the 
Southwest took the county (Virginia) system, and the Middle and 
Northwest took the Township-county, with the towns most im- 
portant in the Northwestern states. The township of the West be- 
came the town proper, and was soon coterminous with the ''Con- 
gressional townships" created by the Act of 1785. 

From the foregoing it will be observed that the town was uni- 
sal in the North, predominate in the Middle and either did not 
exist or was of no importance in the South. The county existed 
universally in the colonies; it was the political unit in the South, 
and was partially so in the Middle colonies but in New England 
counties were created in order that there should be districts larger 
than the towns and smaller than the colonies in which courts might 
be held, and also for military purposes. 

General business in towns was done in the annual spring town 
meeting. At this time from three to nine "selectmen" were chosen, 
and also a clerk, assessor, constable and some other officers. The 
chief officers of the colonial county were, justices (eight or more in 
the South), sheriff, county lieutenant, and the precinct (or parish) 
constables and surveyors. 

There was absolute religious toleration in Rhode Island, Mary- 
land, Pennsylvania, New Jersey and Delaware, and there was Prot- 
estant toleration in all the other colonies except very early in Con- 
necticut. Virginia and Massachusetts. During the English Rebel- 
lion and the English Revolution there was some intolerance, but it 
was due to political conditions. 

There was a strange frenzy against Witchcraft at Salem, Mas- 
sachusetts, in 1692. 

The following facts were very general in all the colonies re- 
garding the relations betwen the Home government and the col- 
onies : 



Township/ 

County 

Government, 

Middle 

[[_ Colonies 



Town 
Meeting 



Religious 
Toleration 



4 8 



AMERICAN CIVICS HANDBOOK 



Home 
Government 
and Colonies 



Colonial 

Government 

in Detail 



1. No laws could be passed contrary to the Law of England. 

2. Governors had the veto power on all legislation, which was 
final with no "passing over veto." 

3. Except in Rhode Island, Connecticut and Maryland, ail 
colonial laws could not be vetoed by the King within three years. 
This veto prerogative of the king grew out of the theory advocated 
by the crown that the land in America was like any other valuable 
discovery in England, the personal property of the Crown, to be 
given away and treated as he pleased without interference from par- 
liament. The consequence was that laws in the colonies were 
usually passed for two years only and then re-enacted, if necessary. 

The government of the colonies was not uniform, each differing slight- 
ly from that of the others. In Virginia, under the Patent of 1606, the Col- 
ony was directly under the king, assisted by a Superior Council, residing in 
England, aid an Inferior Council residing in Virginia. By a later plan the 
company named a governor with the approval of the king who had an ad- 
visory council made up of the chief men of the colony. By the revised 
charter of 1618 popular representation was permitted, and in June, 1619. the 
first House of Burgesses met which was the first colonial assembly in Amer- 
ica, two burgesses from each of the eleven plantations. The Virginia system 
was centralized. 

Maryland was a palatinate and Calvert, the proprietor, had almost 
regal powers. His absolute rule was limited by a governor and a two 
chambered legislature; the proprietor appointed the governor and the upper 
house and the people elected the lower house, in which all bills for revenue 
must originate. The county was the electoral unit, as in Virginia. 

The Carolinas were governed at first by the Constitution of Locke 
which was feudal and divided the people into four estates: Proprietaries, 
landgraves, caciques and commons, and the common people could never be 
anything else. The County of Albemarle (N. Car.), was divided into four "pre- 
cincts" which became the political unit and the precinct was practically a 
county. 

South Carolina was divided physically and politically into the "low" 
or coast country, in which the parish was the political unit, and the "back" 
or mountain country, where the "district" (County) was the unit. It was 
not until 1868 that the state was divided into counties. 

Georgia was governed by 21 trustees, with a president and an elective 
common council which appointed all the officers, including the governor. 

The constitution of Plymouth was originally the Mayflower Compact, 
under which the freemen elected a governor and five (afterwards seven) as- 
sistants, called the Court of Assistants, and a General Court of all the free- 
men. In 1638 the representative system in the General Court was estab- 
lishes.. Plymouth was merged with Mass. Bay in 1692 where the governor 
and assistants were called "magistrates" and where the representatives to 
the General Court were chosen from the towns. 

The three Connecticut towns, Windsor, Wethersfield and Hartford 
were governed for a year by eight commissioners from Mass. but in 1639 
with lie consent of Mass., a constitution was adopted providing for a gov- 
ernor and six assistants elected by the freemen, and with no reference to 
king, charter or patent. This is the first written constitution known to his- 
tory. When the New Haven colony was founded in 1638 a church was first 
established and then the people elected a governor and four magistrates 
who were assisted by the General Court of freemen. In 1662 New Haven 
and Conn, were joined under a charter from the king which provided for a 
governor, deputy governor, twelve assistants and a house of deputies of two 
from each town, all elected annually by the freemen. This charter was the 
constitution until 1818. 

After the union of Newport and Portsmouth (R. I.) as Rhode Island in 



LOCAL COLONIAL GOVERNMENT 



49 



1640 a general government was established ruled by a governor, deputy, and 
assistants chosen by the freemen. Providence, in 1640, choose five "dis- 
posers" to attend to the general business of the town. The charter of 1644 
was not a success and in 1663 Chas. II gave Williams a charter, providing 
for a trovernor, deputy governor, and assistants, with a general court chosen 
from the towns. This was Rhode Island's constitution until 1842. 

New Hampshire remained a part of Mass. until 1679 when it was 
made a royal province, and the king appointed a president and council. 

New Netherlands was rather loosely governed under the companies 
and the Dutch governors and as a result "gradually a large number of ham- 
lets and villages sprang up, particularly in Long Island, possessing their 
own magistrates and managing their own local business." These were vir- 
tually 'mark societies," similar to the New England town community, trans- 
planted directly from the Teutonic fatherland. Each village had its "folk- 
moot" and there was no division similar to the county. The general gov- 
ernment was much centralized, the director and council being appointed by 
Holland ' When James took possession he promulgated what were known 
as the "Duke of York's Laws," (for N. Y., N. J., Penna, and Del.), by which 
the proprietor appointed the governor and council who jointly exercised leg- 
islative, executive and judicial functions. The Dutch marks became towns 
with constable and overseers elected by the freeholders and with the right 
to assess tax rates, and there was a town meeting. Above the town was a 
"riding," afterwards called a county which was the military unit (as in 
Mass.), and in 1683 there were twelve counties; also when the first repre- 
sentative assembly was permitted in 1683 the county became the political 
unit, two delegates being elected from each county. 

New Jersey (as East and West Jersey) had a varying government 
until it became a royal province in 1702, when a governor and council were 
appointed by the crown and an assembly of deputies was elected partly by 
counties and partly by towns. 

Under the Swedes and Dutch Pennsylvania's government was similar 
to that of New Netherlands. Under the Duke of York the township was al- 
most the sole unit, but under Penn three counties were at once organized, 
Chester, Philadelphia and Bucks. Penn acted as governor with a deputy 
resident in the colony. There was a provincial council of eighteen and seven 
deputies from each county were elected to an assembly. Members of the 
council were elected for three years, one third retiring annually. In 1701 
Delaware was given a separate legislature but had the same proprietary 
governor until the Revolution. 



Colonial 

Government 

in Detail 



50 



AMERICAN CIVICS HANDBOOK 



United 

Colonies of 

New England 

1643 
Four Colonies 



Albany Con-' 
gress 1754 
Seven 
Colonies 



Stamp Act 

Congress 

1765 

Nine Colonies 



First Conti' 

nental Con' 

gress, 1774 

Twelve 

Colonies 



CHAPTER XV. 

Progress Towards Union. 

Environment and heredity make national as well as human 
character, and each of these impelled the colonies to unite in a fed- 
eration. By environment they were confined to a narrow strip of 
coast between the mountains and the sea with easy means of water 
communication, by rivers or good harbors, north and south, but not 
very far east and west. A diversified climate in this strip compelled 
commerce with each other rather than with foreign lands. By 
heredity they were of one tongue, of the same religion, ( Christian ) , 
and practically of one race, at least they possessed in common Ang- 
lo-Saxon institutions. Three fears drew them in still closer bonds : 
i. Of the Indians. 2. Of the French and Spanish. 3. Of the 
tyranny of England. 

The first step toward union was the uniting in 1643 °^ tne 
New England colonies of Plymouth, Massachusetts Bay, Connec- 
ticut, and New Haven against the Indians and Dutch, just after the 
Pequot War. This was dissolved in 1684. 

The Lords of Trade in London ordered the colonies to send, 
delegates to Albany to make a treaty with the Iroquois Indians. 
This Congress met at Albany in 1754 and consisted of delegates 
from New Hampshire, Massachusetts, Rhode Island, Connecticut, 
New York, Pennsylvania, and Maryland, and adopted a plan of 
Confederation, favored by the Lords of Trade and prepared by 
Franklin. The colonial legislatures rejected the plan. 

After the passage of the Stamp Act, nine of the colonies, Mas- 
sachusetts, Connecticut, Rhode Island, New Jersey, Pennsylvania. 
New York, Maryland, South Carolina and Delaware, sent dele- 
gates to New York in October, 1765, which Congress adopted a 
Declaration of Rights. This was the first colonial congress owing 
its origin to the Popular Party, the call being issued by Massachu- 
setts. 

Through the "Inter-colonial Committees of Correspondence" 
and the "Sons of Liberty," at the suggestion of the suspended As- 
sembly of Massachusetts (organized as a provincial congress and in 
session at Concord), the First Continental (called so because it em- 
braced the continent, as distinguished from provincial) Congress 
met at Carpenter's Hall, Philadelphia, September 5, 1774. All the 
colonies but Georgia were represented. This Congress protested ir 
respectful and loyal terms against the treatment of Massachusetts. 



PROGRESS TOWARDS UNION 



51 



and the colonies in general and petitioned the king to remove the 
grievances, drew up a Declaration of Rights and also an "associa- 
tion," which was an immense boycott of British goods. Before ad- 
journment the First Congress called a Second Continental Congress 
which assembled at Philadelphia May 10, 1775, in which all the 
colonies were represented and which governed the colonies through 
a system of "committees" until it "died of old age with the year 
1788." 

During the First Continental Congress and during the first year of 
the Second, it was the intention of the majority of tne colonies to coerce 
the English Government into a recognition of the right to local self-govern- 
ment (such as Canada and Australia have today), or to representation in 
Parliament, with the especial right to levy local taxes and collect the same. 
Congress waited to see the result of the appeal to the king and when it 
was learned (November 1, 1775) that the king would not even receive the 
petition, the hope of settlement as a part of the British Empire died away. 
The first public suggestions that the British rule had ceased were made in 
votes of local conventions, among them one in Mecklenburg County, North 
Carolina, (May, 1775.) Thomas Paine's pamphlet. Common Sense, had a 
very potent effect on public opinion (similar to that of Uncle Tom's Cabin, 
in later history). 

Under the supervision of this Congress the governments of the col- 
onies were changed to those of states, New Hampshire first, and then South 
Carolina, so that in the words of Abraham Lincoln: "The Union is older 
than any of the States, and in fact it created them as states." Under a 
first resolve of Congress, Congress advised state governments for New 
Hampshire, South Carolina and Virginia, and under the second (May 10. 
1775), for New Jersey, Delaware, Maryland and North Carolina, which form 
ed in 1776 and New York and Georgia which formed in 1777. 

Massachusetts did not frame a constitution until 1780, and Rhode 
Island and Connecticut kept the ancient charters, simply changing allegiance 
from king to state. The constitutions of most of the states were changed in 
171*0. 

As colonies, all except Pennsylvania, Delaware and Georgia had leg- 
islatures composed of two houses, and in most of the colonies the upper 
house was appointed by the Governor, although in Connecticut and Rhode 
Island they were chosen by the people and in Massachusetts by the lower 
house. The early constitution practically copied the charters and re-enact- 
ed the colonial government with the royal supervision. As a rule there 
was a property qualification for voters. 

At a later period all the states followed the example of Virginia 
(June, 1776) in enacting a bill of rights as an amendment to the constitu- 
tion. Massachusetts was the only state to submit the first constitution to 
the people for ratification. The early constitution at first withheld the veto 
power, restricted the power of governors and judges and even gave, in some 
cases, the appointing power to the legislatures. Officers were elected for 
very short terms, generally one year, and few states permitted legislative 
sessions more frequently than once in two years, and then not to exceed 
ninety days. Outside of New England all governors were originally elected 
by the legislatures, which plan was followed generally until 1830. 



Second Con-' 

tinental Con'' 

gress, 1775 

Thirteen 

Colonies 



52 



AMERICAN CIVICS HANDBOOK 



CHAPTER XVI. 

The Confederation and the Ordinance 

of 1 787. 



Maryland 

Refuses tc 

Adopt 

Article s 



States' 
Claims to 
Western 

Lands 



Articles 

Ratified 

March 1, 

1781 



On June n, 1776, when it became certain that the Declaration 
of Independence would be adopted, a second committee of the Sec- 
ond Continental Congress was appointed, consisting of one from 
each state, to prepare Articles of Confederation which would bring- 
the states into a closer and more definite union. 

This committee reported a plan written by John Dickinson 01 
Pennsylvania, on July 12 following, just eight days after the 
promulgation of the Declaration. This plan, after amendment, was 
adopted by Congress November 15, 1777, and the Articles were im- 
mediately sent to all the states for adoption. The consent of all 
thirteen of the states was necessary and by July, 1778, the ratifica- 
tion of all the states was obtained except that of Delaware, New Jer- 
sey and Maryland. New Jersey adopted the Articles November 25, 
1778, and Delaware February 22, 1779, but Maryland determined 
not to adopt the articles until her demands against the "land claim- 
ing states,' Massachusetts, Connecticut, New York, Virginia. 
North Carolina, South Carolina and Georgia were complied with. 

In 1777 six states, the "land claiming states," above mentioned 
(except New York which had bought from Indians title to land in 
the Ohio Valley), claimed lands between the Alleghany mountains 
and the Mississippi, by the "from sea to sea" charter of 1609 (Ply- 
mouth and London Cos.). New Jersey, Delaware and Maryland 
held these land claims invalid because: 1. The Mississippi Valley 
was settled by France. 2. England only obtained it in 1763 from 
France. 3. The proclamation line cut it off from Colonies. 4. 
Now it was the property of the states in common, as it was form- 
erly crown land. 

As Maryland refused to adopt the Articles on this account 
New York ceded her claims to the United States in 1780 and in 
January, 1781, Virginia gave up the territory north of the Ohio. 
On the promise of the other states to take similar action, Maryland 
ratified the Articles March 1, 1781. 

Congress assembled the next day under the new powers. 

Massachusetts ceded her lands west of New York in 1784. In 1786 
Connecticut ceded her claims, reserving a strip 120 miles long in what is 
now Northeast Ohio, just west of Pennsylvania on Lake Erie, known as the 



THE CONFEDERATION AND THE ORDINANCE OF I 787 53 



Connecticut Reserve. To Virginia was left the District of Kentucky which 
remained a part of Virginia until admitted in 1792 as a state. North Caro- 
lina ceded her claim to the Watauga settlements (Tennessee) . In 1787 
South Carolina gave up her claims to a 112 mile east and west strip between 
West North Carolina and Georgia. Georgia claimed west to the Mississippi 
and did not give up her claim until 1802. 

As these lands were ceded Congress decided to sell them and devote 
the proceeds of the sale to the payments of the public debt. The first land Grayson 
bill was the Grayson Ordinance, May 20, 1785, suggested by Jefferson, which Ordinance 
divided the western country into (Congressional) townships, six miles 
square, by lines running due north and south, and others crossing at right 
angles; each township to be subdivided by lines a mile apart into 36 sec- 
tions, one of which (and in some cases two) was reserved for schools; to 
sell at one dollar an acre. 

As soon as Congress received the deeds to the tracts of western 
lands ceded by the seven states, a law was passed surveying the land 
preparatory for sale. Land companies were at once organized, 
made np largely of Revolutionary veterans for the purchase and 
settlement of these western lands, the Symmes Co., the Scioto Co., 
and the Ohio Co. In 1788 the state of Pennsylvania bought 200, 
000 acres, the triangle of land west of the New York line, which 
gave Pennsylvania the lake (Erie) front, which she did not form- 
erly possess. 

To protect one of these land companies, the only one which 
really amounted to very much, the Ohio Co., the Congress of the Ordinance 
Confederation passed the famous Ordinance of 1787 which was af • otl787 
tenvards confirmed by the Congress under the Constitution. Thi*> 
ordinance provided : 1 . That the region from the Lakes to the 
Ohio and from Pennsylvania to the Mississippi be called: "The 
Territory of the United States northwest of the River Ohio." 2. 
That it should be cut up into not less than three nor more than five 
states, each of which might be admitted into the Union when it had 
60,000 free inhabitants. 3. That within it there was to be neither 
slavery nor involuntary servitude except in punishment for crime. 
4. That until such time as there were 5000 free male inhabitants 
21 years old the territory was to be governed by a governor and Northwest 
three judges, after that ( when population reached more than the Territory 
5000) the people were to elect a house of representatives, which in 
turn was to elect ten men. from whom Congress was to select five, 
to form a council. The house and the council were then to elect a 
territorial delegate to Congress with the right of debating but not 
of voting. The governor, judges and the secretary were to be se- 
lected bv Congress. The council and the house were to make laws 
subject to the approval of Congress. 5. That there should be re- 
ligious toleration, encouragement of education and good faith to 
the Indians. _ Southwest 

Shortly after this South Carolina ( 17S7) and North Carolina Territory 
( 1789) ceded their disputed lands, which were formed into the "Ter- 
ritory southwest of the Ohio River" and in which slavery was al- 



54 



AMERICAN CIVICS HANDBOOK 



Government 

17754781 

Continental 

Congresses 



Acts of 

Seven 

Confederate 

Congresses 
17814789 



lowed, owing to the express terms of the donation of North Car- 
olina, which provided that no laws should be enacted prohibiting 
slavery within the area. 

"The Ordinance of 1787 belongs with the Declaration of In- 
dependence and the Constitution (of 1789). It is one of the three 
title deeds of American constitutional liberty. As the American 
youth shall visit the capital of his country" he will see "two time- 
soiled papers whose characters were traced by the hands of ths 
fathers a hundred years ago devoting the nation forever to Equality 
and Education." 

The Articles were not formally adopted until March 1. 1781, 
during the seventh session of the Continental Congress. The func- 
tions of central government up to this time had been exercised un- 
der an unwritten constitution, and were as follows, from 1775 to 
the adoption of the Articles in 1781 : 

The plan of organization was very similar to that proposed by 
Franklin in July, 1754. It appointed a Commander-in-Chief of the 
army, a War Board, a Secretary of Foreign Affairs, a Superintend- 
ent of Finance, a Postmaster-General, an Official Geographer ana 
such committees as from time to' time seemed expedient ; it organ- 
ized a court, prescribed oaths, adopted a flag and a seal; declared in- 
dependence, exercised direction of the war forces on land and sea; 
regulated various diplomatic matters, appointed and received em- 
bassies and made treaties ; received cessions of territory, negotiated 
loans, issued bills of credit and provided a currency. 

The Articles were finally adopted about seven months after 
Cornwallis' surrender and effected little or no change in the powers 
or strength of the central government. The most important acts 
of the seven Congresses which met after the adoption of the Arti- 
cles were: 1. The establishment of the Bank of North America. 
2. The making of the peace treaty with England. 3. The procla 
mation of, a cessation of hostilities. 4. The disbanding of the 
army. 5. The organization of the Northwest Territory. 6. The 
earnest but futile efforts made to secure a revenue. The chief pro- 
visions of the Articles are as follows : 

( 1 ) The Confederation was declared to be a firm league of friend- 
ship between the several states; (2) delegates to Congress were to 
be appointed annually, in such manner as the Legislature of each 
state should direct; (3) states might recall delegates within the year 
and send others for the remainder of the year; (4) No state was 
allowed less than two or more than seven delegates; (5) No per- 
son was eligible as delegate for more than three in any term of six 
years; (6) Each state maintained its own delegates; (7) Each 
state had one vote ; the votes of nine states were necessary to pass 
any measure, and of all thirteen to pass an amendment to the Ar- 



THE CONFEDERATION AND THE ORDINANCE OF I 787 55 



tides; (8) All war and general warfare expenses were 
to be paid out of the common treasury; (9) Treasury to be sup- 
plied by the several states in proportion to the value of all lands; 
(10) Congress was to send and receive ambassadors; (11) Con- 
gress was the tribunal of last resort in differences between states, 
and in controversies in private land claims under different state 
grants; (12) Congress commissioned all officers under the United 
States ; (13) Congress had authority to appoint a committee dur- 
ing the recess, to be called a committee of the states, which 
was to consist of one delegate from each state; (14) Canada might 
enter the Confederation; (15) The Union was to be perpetual; 
(16) No. provision for a President or a national judiciary; (17) 
Congress consisted of but one house; (18) "By this compact the 
United States in Congress have the following powers : They may 
make and conclude treaties but can only recommend the observance 
of them. They ma}' appoint ambassadors but cannot defray even 
the expenses of their tables. They may borrow money in their own. 
name on the faith of the Union but cannot pay a dollar. They may 
coin money but may not purchase an ounce of bullion. They may 
make war and determine what number of troops were necessary 
but cannot raise a single soldier. They may declare everything but 
do not i lino - ." 

As each state paid its own delegates in Congress, the smaller 
the number the less the expense. Oftentimes a state would have no 
representative. The treaty of peace, signed September 3, 1783. 
could not be ratified until January 14, for want of representatives, 
and then there were but twenty-three members present. In April 
of that year there were present twenty-five members from eleven 
states, nine being represented by two each. Three members, there- 
fore — one-eighth of the whole — could negative any important 
measure. 

Hostilities ceased in 1781 and peace came in 1783 and the States were 
in a pitiable condition. The Articles did little to alleviate conditions and the 
government under the Confederation may be considered a period of interreg- 
num, covering the time between the downfall of royal authority until the 
establishment of the popular will under the constitution of 1789. The 
confederation developed weakness very early and may be considered chief- 
ly impotent in three ways: 1. The requirement of a vote of nine states for 
all important measures, and the unanimous consent of all the states for an 
amendment. 2. State control of commerce and the helplessness of United 
States in dealing with foreign powers. 3. Lack of coercive power; no action 
of the national government on the individual; Congress might demand 
troops and money but could not enforce the requisition. There were many 
early evidences of these weaknesses, causing Madison to propose an amend- 
ment giving the United States power to compel a ••delinquent state to ful- 
fill its federal engagements." which was not passed, and the proposal of 
Pelatiah Webster, in May, 1786, to call a constitutional convention also 
failed. The eight years of the Confederacy is a dismal record of requisitions 
by congress for money, of neglect or refusal cf payment by the states, of 
consequent default in payment of principal and interest on the debt, which 
amounted in January, 1783, to $42,000,375 with an annual interest charge of 



Provisions 

of Articles of 

Confeder'- 

ation 



Anarchy 
of the Con^ 
federation 



56 



AMERICAN CIVICS HANDBOOK 



Interregnum 
Leading to 
the Con^ 
Stitution 



$2,415,956. Seven years afterwards it Had increased to $54,124,463. In Octo- 
ber and November, 1781, congress made requisition for $8,000,000 of which 
only $500,000 had been collected by January, 1783. During the next four 
years congress could collect only $1,000,000 out of the $6,000,000 levied. In 
February, 1781, congress asked the states for authority to levy a national ad 
valorem duty of 5 per cent to pay the national debt. The refusal oi Rhode 
Island made the plan of no effect. Congress failed in 1783 to secure from 
the states power to levy duties for 25 years only, to pay the national debt; 
New York was the state that prevented the action. The army had not been 
paid since 1777 and then in continental paper currency worth only eight 
cents on the dollar. March 10, 1783, while the army was encamped at New- 
burgh an anonymous address was issued calling upon the army to revolt 
and secure pay at the point of the bayonet. About this same time Col. 
Nicola made public a letter advising that Washington be made king. In 
July, 1783, all American commerce was excluded from the West Indies by 
Great Britain. Congress failed in its attempt to persuade the states to take 
united action against England in commercial retaliation, but many of the 
states took steps not only against England, but against each other, and some 
in favor of England and against each other, as Connecticut admitted British 
goods free but taxed those of Massachusetts. Pennsylvania discriminated 
against Delaware and New Jersey and New York against Connecticut, and 
New Jersey. Congress was as weak in dealing with interstate troubles. In 
Pennsylvania the settlers from Connecticut, near Wyoming, rebelled and at- 
tempted to set up a government independent of Pennsylvania. Shay's re- 
bellion in Massachusetts was put down only by the energy of Governor Bow- 
doin and the Massachusetts militia under General Lincoln. Attempts were 
made to form new states independent of the Confederation, in (Vermont) 
"New Connecticut," Frankland, (Tennessee), Maine and Kentucky. Octo- 
ber 6, 1786, the treaty of Jay and Gardoqui proposed to close the Mississippi 
river for 25 years and the attempt to enforce this treaty almost produced 
the secession of New England and Kentucky. In June, 1783, congress was 
driven from Philadelphia by a handful of dissatisfied and insubordinate mi- 
litiamen. 

A full congress would have consisted of 91 delegates. In practice the 
presence of thirty was an unusual event and these were not the first rate 
men of the country. 

By 1785 congress was in danger of dissolution and everyone felt that 
something must be done, and constitutional conventions were proposed by 
the legislature of New York in 1782 and by that of Massachusetts in 1785. 
In 1785 the legislatures of Maryland and Virginia appointed commissioners 
to regulate, the navigation of the Chesapeake Bay. The Commissioners 
failed to agree and reported a condemnation of the Articles of Confederacy. 
Legislature of Virginia followed the report by a resolution inviting the other 
states to meet at Annapolis to consider the defects of the government and 
suggest some remedy. In September, 1786, delegates from New York, New 
Jersey, Pennsylvania, Delaware and Virginia met at Annapolis, discussed the 
matter and adjourned after recommending another convention to be held at 
Philadelphia in May, 1787. At the Annapolis meeting there were no dele- 
gates from New England and the leading spirits were Hamilton, Madison 
and Dickinson. (The Maryland-Virginia conference was held at Alexandria, 
Va., and adjourned to Mt. Vernon to consult with Washington) . 



THE' CONSTITUTIONAL CONVENTION 



il 



•■.'■■ 

!M (i G 

iif§i9 :d 

i HAPTFk XVII ' vl 

■ 

The Constitutional Convention 

The weakness of. the Confederation produced certain results 
which stfong-ly impelled the States, though unwilling, To send dele- 
gates to the Convention of 1787; the. principal results were six, as 
follows: 1. Fourteen kinds of depreciated currency, accompanied 
by a progressive commercial collapse. 2. Absolute confusion in 
ourdiplomatic relations, with Europe. .3, The neglect, of the West- 
ern lands until July 1.3. i'787. '4. A tendency toward' territorial 
disintegration, illustrated by the formation of the State of Franklin 
(land) in 1784. 5. The development of an acute attack: of mone- 
tary mania, illustrated by the currency troubles in Rhode Island in 
1786. 6. The encouragement of popular violence, illustrated by 
Shays' rebellion in Massachusetts,, in 1786. • 11 /' 

The definite steps which led to the Convention were as fol- 
lows : f. Demands for a stronger union made by State legisla- 
tures. 2. The complaint of ilorthern : merchants and southern 
planters. 3. The meeting at Alexandria, Virginia, in March, 1785. 
4. The Trade Convention at Annapolis, in September, 1786 all re- 
sulting in- the" (5) call by Congress, February 21, 1787, for a con- 
vention to revise the Articles of Confederation. 

The Convention was called to meet on May 2, 1787. > In ac- 
cordance with the recommendation all the states appointed delegates 
but Rhode Island, and the Convention assembled in Philadelphia 
Monday, May 14, 1787. The Convention was slow in starting-. A 
quorum of states (seven) was not present until the 25th, when an 
organization was effected by the election of Washington as Presi- 
dent, William Jackson, Secretary : and Nicholas Weaver. Messen- 
ger. Rules were adopted May 28, which provided among other 
matters, that each state was to have one vote: seven states a quor- 
um; to sit with closed doors and everything was to be secret, which 
last injunction was never' removed, though fortunately Madison 
kept a very full account in a private journal, which was bought of 
his widow, after his death in 1836. by the government for $30,000 
and published as the "Madison Papers" in T840. 

There were fifty-five delegates who sat, (and ten more who did not 
sit), and in this number were included practicallv all the great conserva- 
tives of the country, (except Jay), and practically none of the great de- 
structive radicals. Thirty-nine of the delegates signed the Constitution, six- 
teen did not: six northern states and six southern were represented: more 
than half of the delegates were college graduates: Franklin had been a 



Weaknesses 
of the 

Articles 






Steps Lead*- 
ing to the 

Constitu> 
tional Con' 

vention 



o.iT 



Opening 
of the , 
Convention 



58 AMERICAN CIVICS HANDBOOK 

member of the Congress of 1754: three had been present at the Congress of 
* 1765: seven had been members of the First Continental Congress: eight 
were among the signers of the Declaration: eighteen were at the same time 
delegates to the Second Continental Congress, and of the whole number 
there were only twelve who had not sat at some time in that body. Still 
many great names were absent: John and Samuel Adams were not there, 
and John Hancock was absent, Patrick Henry refused to attend. Thomas 
Jefferson and John Jay were absent from the country. Washington and 
Franklin were there, the latter over eighty. Of the younger men most 
prominent were Madison, then about thirty-five, who was most largely re- 
sponsible for the Constitution in its present form, called often the "Father 
of the Constitution," and Hamilton, about thirty, who took such radical 
views that he soon lost influence. C. C. Fmc^ney of South Carolina; Wil- 
son of Pennsylvania; Ellsworth and Sherman of Connecticut; Randolph of 
Virginia; Morris of Pennsylvania, and Paterson of New Jersey, in addition 
to the above and to many others of unusual ability made the convention the 
most notable gathering of ability ever held on the American continent. 

p . . There were in the convention six groups of antagonistic 

Convention parties: 1. Federalists and anti-federalists. 2. Friends of cen- 
tralization and friends of state sovereignty. 3. Large states and 
small states. 4. Commercial states and agricultural states. 5. 
North and South. 6. East and West. 

On May 29, business commenced by the introduction by Ran- 
dolph by what is called the "Virginia (or large states 1 ) plan." 
There were two general plans submitted, and also in addition one 
by Pinckney, (generally considered not genuine), and one by Ham- 
ilton, which was a strongly centralized scheme, including a life sen- 
ate and life president, the state governors to be appointed by the 
general government. 
Th p The only plans seriously considered were that of Virginia, the 

Plans Madison or "Large States' Plan" and that of New Jersey, the Pat- 
erson, or "small states' " plan. These various plans were referred 
to a Committee of the Whole in which they were vigorously de- 
bated until July 23, when a Committee of Detail (Rutledge, Ran- 
dolph, Gorham, Ellsworth and Wilson) was appointed, to whom 
the various plans were submitted, and on the 26th the convention 
adjourned until August 6. The draft reported by the Committee of 
Detail was considered until September 8, after the re-convening of 
the convention, when a committee of five (Johnson, Hamilton, 
Morris, Madison and King) was appointed to revise the style and 
arrange the Articles. On the 12th they reported the Constitution. 
On the 15th the Constitution, as amended, was agreed to, all the 
States concurring and on the Monday following, (17th), it was 
signed by all the members, after striking out 40,000 as the basis of 
representation and inserting 30,000. 



GOVERNMENT IN OPERATION 59 

CHAPTER XVIII. 

Government in Operation 

The first resolution in the committee of the whole was offered 
by Mr. Randolph, being- the first of a series offered, and was as fol- v# , , 
lows : "Resolved, That it is the opinion of this committee that a pfan"* 
national government ought to be established, consisting of a su- 
preme Legislative, Judiciary and Executive." This was the enter- 
ing wedge for the Virginia plan, offered May 29, of which the prin- 
cipal features were: 1. Two houses: lower chosen by popular 
vote ; upper, by the lower from nominees of state legislature. 2. In 
each house individual vote and majority decision. 3. Representa- 
tion according to property or population. 4. Executive, to be 
chosen by the national legislature. 5. National legislature to nulli- 
fy unconstitutional state laws. 6. A national judiciary. 

The New Jersey, or Paterson plan, was offered as a substitute 
June 15 by the jealous small states and its chief provisions were: Ne ^ Jersey 

1. In general the plan provided for mere amendment to the Arti- 
cles. 2. An executive in the form of a council, to be chosen by 
Congress. 3. Powers of Congress increased, but no action on in- 
dividual. 4. Congress given power to levy taxes and other duties. 
5. A national judiciary. 

After a rather brief debate the Committee of the Whole 
adopted the Virginia plan with some modifications and reported to 
the convention. The convention was divided on several questions 
which were keenly debated after the report of the Committee was 
before the convention. 

The constitution was eventually secured in the convention only 
after compromising on important questions. The compromises 
were made regarding claims and demands of the various parties. 
There were three great compromises, 1. The Connecticut Com- 
promise. The large states wanted the number of members in both Connecticut 
houses to depend upon population ; the small states insisted on each Compromise 
state having one vote. After a bitter debate a compromise offered 
by the Connecticut delegates was (July 7) accepted: each state was 
to be represented in lower house by population; the Senate to be 
composed of two Senators from each state, each of whom would 
have one individual vote. To pacify the large states, the House of 
Representatives was to have the exclusive right to introduce meas- 
ures for the raising of revenue. The apportionment of the lower 
house was eventually fixed at one for every 30,000 of population. 

2. The Second, or "Three-Fifths" compromise. The convention 



6o 



AMERICAN CIVICS 'HANDBOOK 



Three-Fifths 
Compromise 



New Eng' 

land" South 

Carolina 

Compromise 



Argument 

over 
Ratification 



Constitution 

Ratified 
June, 1788 



had already decided that when direct taxes were levied, each state 
should contribute according to its population so that the enumera- 
tion of the people was^very impprtant, ... Al^was clear except in re- 
gard to the slaves. Of course the South wanted the negroes counted 
when direct taxes were paid, but not when representatives were ap- 
portioned; the .North, wanted the opposite in each case; so that a 
compromise was adopted (July 1-2) by Which five negroes were 
counted as equal to three white men when reckoning the population 
for either taxation or representation. The "Third dr "Neib Eng- 
land-South Carolina' compromise. This also-dealt with : the ques^ 
tion of slavery: The extreme Southern states demanded -the right 
to import slaves but practically all the other states were opposed W 
the slave trade. In the North commerce' was the chief industry arid 
the ' New Fnglanders insisted that 'navigation acts be passed by 'Cori 1 
gress in the same manned as ordinary -''bills.- ' The South on the con- 
trary believed that her agricultural interests would suffer unless a 
two-thirds' vote was required : for all laws 1 relating to commerce- 
These differences made the last great compromise necessary (Aug- 
ust 25) which was that the South Agreed'' to peiiliit the -passage ; b? 
navigations acts by a majority of each-house of Congress and -the 
North agreed to grant permission to'- import slaves for twenty years, 
or until 1808; the tax upon these slaves riot to exceed ten dollars 
per head. 

•'. On September i^, 1787, the Convention finished its work: 
The text of the Constitution was ' printed and rapidly distributed 
over the Union. . Congress, on September 28, 1787, unanimously re- 
solved that the constitution be transmitted to the state legislatures, 
though the convention had decided a convention " in each state 
should be summoned to determine the 'acceptance of the -constitu- 
tion, the convention to be called by resolution of the -legislature.. 

The discussion of the constitution divideel the country into two 
great parties, the Federalists, in favor of, and the Anti-Federalists, 
opposed to the constitution. The eighty-five papers of The Feder- 
alist, published in a New York newspaper did much to refute of) 2 
jections. Of these papers Hamilton wrote sixty. Jay, five Or six; 
and Madison the remainder. 

The Constitution became effective upon the ratification of the 
conventions of nine states'; the states ratified as follows ; Delaware, 
December 1, 1787; Pennsylvania, December 12; New Jersey, De- 
cember 18; Georgia, January 2, 1788; Connecticut, January 9; Mas- 
sachusetts, February 6 (with recommendation of amendments, fol- 
lowed by similar recommendations by succeeding states!; Mary- 
land, 'April 28; South Carolina, May 23-; 'New Hampshire (the 
ninth) June 21; Virginia, June 26; New' York, July 26; North 
Carolina, November 25, 1789; and Rhode Island did riot intend to 
join the union or ratify the constitution, but it being suggested that 
the: trade of "states' which did not recognize Congress 1 ' should be 



GOVERNMENT IN OPERATION 



61 



cut off, Rhode Island ratified May 19, 1790, after the government 
vvas in operation. 

When the ninth state ratified, in June, 1788, and the adoption 
of the constitution was assured, the Continental Congress fixed the 
first Wednesday in January for the election of presidential electors, 
the first Wednesday in February for the meeting of the electors and 
the election of the president, and the first Wednesday in March, 
March 4, 1789, for the inauguration of the president. Owing to a 
delay in the assembling of the new Congress Washington was not 
in fact inaugurated, nor our new government put into actual opera- 
tion, until April 30, 1789. Thus was established "the government 
which was to diminish as little as possible the powers of the states 
and yet give to the central government sufficient authority to con- 
trol matters of national interest, and, if necessary, to enforce obedi- 
ence of the states as well as of their citizens, to the provisions of 
the constitution." 

In considering the governmental powers of the United States 
it will be noticed, as suggested by Professor Willoughby : 
1. That there are certain powers which can be exercised 
neither by the Federal nor state governments. These in- 
clude those prohibited to both by the Federal constitution ; and 
those, which given to the states, are denied to their governments by 
their own constitutions. 2. That the powers of the Federal gov- 
ernment consist of those expressly given, and of those implied in 
the exercise of those expressly given. 3. That the individual state 
governments have any and all powers except : a. Those exclusively 
given to the United States, b. Those given concurrently to the 
United States and to the states, and actually exercised by the United 
States, c. Those expressly prohibited to the states by the consti- 
tution, d. Those within the competence of the states, but prohib- 
ited to their governments by their respective state constitutions. 
From the foregoing it will be seen that a federal government is the 
most complicated of any. The constitution is not a description of 
our government. It is rather a foundation or a plan in outline, 
which had to be filled in afterwards by legislation. The character 
of this legislation depends upon the interpretation of the constitu- 
tion. In the political history of our country since the adoption of 
the constitution there have been ever present two great constitu- 
tional questions, in the conflicting answers to which we must seek 
the origin and creeds of our great political parties. These have 
been the two questions: t. What is the extent of the powers 
granted by the constitution to the national government? 2. What 
is the real nature of our Union? and arising from this. Can a state 
as a last resort withdraw from the Union ? 

The government in its original form in 1777 was an extreme democ- 
racy whose controlling principle was the complete independence of separate 



Government 
in Operation 



Distribution 

of Govern' 

mental 

Powers 



62 AMERICAN CIVICS HANDBOOK 

communities. Those who opposed its change to a Representative Republic 
in 1787 (then called Federalists, before the adoption of the Constitution and 
Anti-Federalists, after the adoption), desired in later years that the Con- 
stitution should be construed or interpreted strictly according to its terms. 
Parties in the The party thus founded which has retained the name of Democratic-Repub- 
United Statea lican even to our day has therefore usually been called the Strict Constitu- 
tion Party. Those who opposed this view and wished to give the Federal 
Government increased power by a broad or liberal construction of the Con- 
stitution have usually been called the Loose Construction Party. Until and 
during the Revolution the names Whig and Tory designated two political 
classes in America, the official and aristocratic classes were the Tories, and 
those who opposed the tyranny of England were called Whigs. After the 
war the Whigs alone remained and while the ratification of the Constitution 
was being discussed, the friends of the Constitution, the party favoring 
larger centralization began to be called Federalists and the "states' rights" 
party was called Anti-Federalist. After the Constitution was in operation 
those who were known formerly as Anti-Federalists became known as Demo- 
cratic-Republicans, but were called for short Republicans. Jefferson was 
the typical Republican of his time and Hamilton was the leader of the ex- 
treme Federalists. The loose construction principles of the Federalists 
were inherited eventually and successively by the Whig, Anti-Masonic, 
Free-Soil, and Republican parties, while the sole and strong anti-liberal con- 
structionists or strict construction party has been the Democratic party, 
down to the present day. Nearly all the small and "third" parties of our 
history have been loose construction parties, such as the Greenback party, 
the Populists, Socialist-Labor, etc. 



THE AMENDMENTS 63 



CHAPTER XIX. 
The Amendments. 

The constitution provides methods whereby it may be 
amended. In Article Five two methods are provided for proposing How 
amendment : Either by resolution of two-thirds of both Houses of Amended 
the Federal Congress, or on the application of the legislatures of 
two-thirds of the states ; two methods of ratification are provided, 
either by the legislatures of three-fourths of the states or by con- 
ventions in three-fourths of the states, in accord with whichever of 
the two methods of ratification Congress may suggest. 

There is one provision, however, that may never be 
amended, and that grew out of the First Connecticut Compromise, 
and that is in the latter part of Article V., "no. state without its 
consent shall be deprived of its equal suffrage in the Senate." 

Fifteen amendments in all have been made to the constitution, 
although over seventeen hundred have been proposed. Some of the 
states ratified the constitution with the recommendation that cer- 
tain amendments be added, and in pursuance of this the First Con- 
gress proposed in the House seventeen amendments which were The "Bill 
cut by the Senate to twelve, of which ten were ratified in 1791 by ofRl g hts " 
the state conventions ( in all states but Massachusetts, Connecticut 
and Georgia, and proclaimed in effect by Secretary of State Jeffer- 
son, December 15, 1791. They were popularly called a "Bill of 
Rights;" the first eight guaranteed: 1. Religious freedom, free- 
dom of speech and of the press. 2. The right to meet together 
and right of petition. 3. The right to keep and bear arms. 4. 
The exemption from soldiers being quartered on citizens. 5. Pro- 
tection from unlawful search and seizure. 6. The right to prompt 
and impartial justice and trial by jury, and 7. Exemption from 
excessive bail and from cruel and unusual punishments. The Ninth 
declares the the enumeration of certain specific rights does not imply 
others retained by the people may be denied or disparaged. The 
Tenth states that all powers delegated to the general government 
not expressly denied to the states "are reserved to the states respec- 
tivelv or to the people." 

The first ten amendments were promised to Massachusetts and other 
states to pacify them and persuade them to ratify the Constitution. They 
should have been encorporated in the Constitution itself, and are not in real- 
ity amendments at all. It will be noticed that in fact, though not in form, 
the Constitution has but five amendments, the Eleventh, the Twelfth, the 
Thirteenth, the Fourteenth and the Fifteenth. 



64 AMERICAN CIVICS HANDBOOK 

Eleventh The Eleventh amendment was declared in force in 1798. It 

Amendment denies the right of a citizen of a state or subject of a foreign state 
to sue another state. The Supreme Court in the celebrated case of 
Chisholm vs. Georgia decided that under Article III, Section 2, a 
private citizen of a state might bring suit against a state other than 
the one of which he was a citizen. This decision was so displeasing 
to many of the states that the eleventh amendment was ratified with 
little difficulty. 

The Twelfth amendment prescribes the manner of electing the 
Twelfth President and Vice President. It arose out of the excitement and 
Amendment danger in the contest between Jefferson and Burr for the presi- 
dency in 1 80 1. It became operative in 1804. 

The last three amendments practically embody the results of 
the War of 1861-65. The Thirteenth amendment abolished and 
prohibited slavery within the United States and was ratified in 1865. 
President Lincoln's proclamations of '62-'63 were only "war meas- 
ures" and had no effect in time of peace, and constitutional amend- 
ment was necessary after the war. 

The Fourteenth amendment, ratified in 1868, grew out of the 
Civil Rights Bill of 1865. Congress could give, and did give, the 
freedmen many rights, but it had no power to give them the right 
to vote, because suffrage is a prerogative of the states. To protect 
the negroes from injustice an amendment was necessary. This 
amendment guarantees political and civil rights to all persons born 
or naturalized in the United States ; apportions the representatives 
The Civil among the several states according to population, counting the 
Amendments ■ whole number of persons in each, excluding Indians not taxed ; 
provides for the reduction in the representation of any state that 
denies to any male citizen twenty-one years of age the right to vote 
at any election for any federal or state officers, the representation 
of such states to be reduced in proportion which the number of such 
disenfranchised citizens bears to the whole number of male citizens 
twenty-one years of age ; prevents future office holding by all rebels 
who took the oath previous to the rebellion, but gives Congress the 
power to remove the disability; and establishes the validity of the 
public debt, but forbids the payment by the United States or any 
state of any debt incurred in aid of rebellion, or any claim for eman- 
cipated slaves. 

The Fifteenth amendment was ratified in 1870 and affirms that 
the right of suffrage shall not be denied or abridged by the United 
States or any state "on account of race, color or previous condition 
of servitude. " 

It will be noticed that the first eleven amendments restricted 
the power of the United States government in certain respects, 
while the 13th, 14th and 15th amendments placed certain limita- 
tions upon the states. 

Although the constitution has been amended but slightly, in 



THE AMENDMENTS 65 



form and words, it must be remembered that the constitution has 
been vastly enlarged in its scope and power, owing 1 to the fact that 
many of our ablest jurists of the Supreme Court, (which inter- 
prets the constitution), have been of the political school of "loose 
constructionists," especially so in the case of the "expounder," John 
Marshall. 



66 



AMERICAN CIVICS HANDBOOK 



The Amer • 
can Survey- 
System 



The 
Meridian 



The 
Township 



CHAPTLR XX. 

Territorial Survey. 

As soon as the new government proved its strength and prob- 
able permanence there was a great rush of emigrants towards the 
west. As this was the beginning of the development of the "corn 
belt", and other areas to the west, and as settlement was almost en- 
tirely for farming and landholding purposes it is of great import- 
ance that we pause and consider the process of land surveys under 
which land was and still is held. By the law of 1780 the surveyors 
began by establishing a meridian as a north and south line, called ? 
Principal Meridian. A line crossing the Principal Meridian at right 
angles at some convenient point is called a Base Line. Meridian* 
six miles apart on each side of the Principal Meridian and parallels- 
six miles apart on each side of the Base Line are then established 
called Township Lines. The squares enclosed by the township lines 
are called Congressional Townships (created by Act of Congress, 
not by the people.) Each township is divided into Sections, each 
one mile square. Each Section is divided into halves, quarters, 
eighths and sixteenths. Each Section contains 640 acres, "more or 
less". Township meridians are six miles apart only on the base line, 
so Correction Lines are established every twenty-four miles north 
and every thirty miles south of base lines (in the latitude of Chica- 
go) . Every fifty-four miles east and west of the principal meridian 
a new meridian is established called a Guide Meridian. Townships 
are considered in Ranges (or rows) east and west from Principal 
Meridians. 

The First Principal Meridian is the boundary between Ohio and In- 
diana: the Second begins on the Ohio river at the mouth of Little Blue 
Creek and extends north through Indiana, very near the middle of the state. 
The Third extends north from mouth of the Ohio river through about the 
middle of the state of Illinois; its base line crosses it at the northwest cor- 
ner of Jefferson County and is the continuation of the base line of the Sec- 
ond Principal Meridian. The Fourth begins at the mouth of the Illinois 
river and extends north to Lake Superior. Its base line crosses it at Beards- 
town. Two other principal meridians are numbered, both being west of the 
Mississippi, and. the other eighteen are named, not numbered, after cer- 
tain physiographical or civic features. 

Each township is subdivided into thirty-six sections each one mile 
square and numbered by commencing in the upper right hand corner across 
the left uutil 6 is reached and then below 6 is 7 and then across from left to 
right to 12, then from 13 (below 12) from right to left, etc., so that the num- 
ber of sections on the right border of a township are successively from top 
to bottom. (North to south), 1, 12, 13, 24, 25, 36. The 16th and 36th sec- 
tions are the ones usually given by the United States to the states for the 
benefit of the public schools. 



TERRITORIAL SURVEY 67 

After the completion of the surveys the lands have been granted to 
the states or to individuals or sold at a nominal figure. An area greater Land Grants 
than that of the original thirteen states has been transferred to railways or and Sales 
to states for internal improvements. Besides the grant of two sections in 
each township for schools, from 1860 to 1870, general grants of land were 
made for aid of state agricultural schools. Parts of sections have also 
been assigned to soldiers and sailors for military service, and large quan- 
tities have been sold at $1.25 and $2.50 per acre. 

Most of the West has been settled under the homestead laws. The 
present law, originally enacted in 1862, enables any citizen, or "declared" 
citizen to acquire title to a quarter section (160 acres) by living on it for 
five years. Veterans are allowed to deduct the time of actual military ser- 
vice. Timber lands and mineral lands may also be acquired upon very fa- 
vorable terms. 

The Irrigation Act of June 17, 1902, provides that the Secretary of 
the Interior may use the proceeds from the sale of public lands in the Pa- 
cific and Rocky Mountain states for the construction of storage reservoirs 
upon lands wholly or principally under his control. This will reclaim the 
vast arid wastes, now known as "irrigated" lands. Some of the most pic- 
turesque and valuable mountain districts have been set aside as "national 
parks" such as the Yellowstone, of 3312 square miles and the Yosemite, al- 
most as large. About 60,000,000 acres within the limits of the United 
States proper have been placed in the "forest reserve." 

Our territory has greatly increased since the grant of the west- 
ern lands by the "land claiming states," 1781 to 1802. In 1803 
Louisana was purchased from France (Napoleon) for $ 15,000,000. 
In 1819 the United States acquired the Floridas by purchase from Tutorial 
Spain for $5,000,000. In 1845 Texas was annexed, and by treaty increase 
with Britain in 1846, the 49th parallel was made the northern 
boundary of our part of the "Oregon country". By the treaty 
of 1848 and the Gadsden purchase of 1853 we acquired the South- 
west, including California and the region north of the Rio Grande. 
In 1867 Russia sold us Alaska and in 1898 from Spain we acquired 
Porto Rico, the Philippines and some smaller islands. Hawaii had 
also been annexed in 1898. 



68 



AMERICAN CIVICS HANDBOOK 



CHAPTLR XXI. 



House of 

Representa' 

tives 



Qualifications 
of Members 



Apportion-' 

ment and 

Quota 



The National Congress 

The composition of Congress is determined by Article I of the 
Constitution. Congress is bicameral, as were all the state legislatures 
except those of Pennsylvania and Georgia at the time of the adop- 
tion of the constitution. The Senators represent the states while the 
Representatives represent the people. 

The House of Representatives consists of Representatives 
chosen every second year by the people of the several states. 

Except in Oregon, Maine and Vermont, the congressional elections 
occur on the Tuesday after the first Monday in November in the even num- 
bered years. The quota, assigned by Congress after each census to each 
state, is distributed among the congressional districts by the respective 
state legislatures, and thus in a narrow sense a member of the House rep- 
resents a district, except congressmen-at-large. Any person in any state, 
who is entitled to vote by law for the members or the more numerous branch 
of the state legislature, may vote for a Representative in Congress. Thus 
the qualifications of voters are determined by the states, not by the National 
Government. 

The qualifications for representative are : i. He must be at least 
twenty-five years of age. 2. He must have been at least seven years 
a citizen of the United States. 3. He must be an inhabitant of the 
state from which he is elected. Representatives are apportioned 
among the states according to the number of inhabitants, excluding 
from that number Indians not taxed (i. e. in tribal relations). 

The apportionment is always made after each dicennial census, the 
first of which was in 1790. Congress fixes the number of representatives 
that shall constitute a Congress for the next decade. The whole number of 
people is divided by the number of representatives and the quotient is the 
number of inhabitants entitled to one representative, which is called "the 
ratio of representation." The representation to which each state is en- 
titled is found by dividing the population of that state by the ratio of rep- 
resentation. At the time of the adoption of the Constitution there was one 
representative for every 30,000, or 65 in all; from 1893-1903 the ratio was 
173,901, making 357 in all; after 1903 to 1913 it is 194,182, making 391 in all, 
counting Oklahoma with its five additional representatives. (Compare with 
670 in English House of Commons, 584 in French House of Deputies and 396 
in German Reichstag). By this apportionment Illinois gained three mem- 
bers; and Delaware, Idaho, Nevada and Wyoming have each a population 
less than the ratio, but each is entitled to a representative for the constitu- 
tion provides that each state shall have at least one member. 

The organized territories are each entitled to send to the House one 
delegate, who is allowed to speak on any question, but net to vote. Illinois 
has twenty-five districts, of which ten are in Chicago. 

Every congress has a legal existence of two years, beginning 
the fourth of March of each odd year. Congress convenes the first 



Sessions 



THE NATIONAL CONGRESS 69 

Monday in December. Congress holds two sessions, the long and 
the short. The first session is always the long session, and is the 
session of the odd years. Vacancies are filled by new elections or- 
dered by the governor. The president may convene Congress in 
extra session if any important emergency arises. The various con- 
gresses are designated by number, that convening December 2, 1907 
is known as the first session of the Sixtieth Congress. 

The House organizes by electing one of its members as speak- 
er to serve two years. Other officers, as the clerk (a very influential officer 
and usually an ex-member), sergeant-at-arms and chaplain, are not mem- Ihebpeakcr 
bers. The Speaker is probably the most important and influential official 
in the United States Government. His chief powers are four in number: 
1. He appoints all of the committees and selects the chairmen, (of over 
fifty committees). 2. He assigns to the different committees the bills 
which the House wishes to commit. 3. He recognizes whom he pleases on 
the floor- this is to prevent "filibustering". 4. He is chairman of the Com- 
mittee on Rules, which consists of the five ablest men of the House and 
practically arranges the program of business of the House. 

There are now in Congress three territorial delegates (Arizona, New 
Mexico ard Hawaii) and one "commissioner" (Porto Rico). 

Though there is no "national suffrage law" yet in a contested election 
case the candidate who, on the face of the returns, receives a plurality of Suffrage 
the votes cast, receives a certificate of election from the Governor of the 
state and is permitted to take his seat in the House when that body organ- 
izes. Thr case is then carried before the House Committee of elections, be- 
fore which the two contestants argue the case, the expenses of which trial 
are paid by Congress, and when the Committee reports to Congress the con- 
test *s usually decided by a party vote. 

The House has the following special powers: 1. The sole 
power to present articles of impeachment. This is done by a "man- special 
aging committee" which conducts the case before the Senate, which Powers 
has the sole power of trial. 2. All bills for raising revenue must 
originate in the house. The Senate may amend but must not orig- 
inate. 

The Senate is composed of two senators from each state, chosen 
by the legislature of the state for a term of six years. 
The members of each branch of the state legislature 
meet the same day, and vote viva voce for a senator. 
On the next day, the two houses meet in joint convention and 
if the same person received a majority in each house the day before, Senators} 
he is declared elected. If no person has received such majorities. How Elected 
then the two houses, sitting as one body, proceed to vote viva voce; 
and if a majority of each house is present, the person who receives a 
majority of the votes cast is elected. If there is no choice on the 
first day they are required to meet in joint session and take at least 
one ballot each day until a choice is made or the legislative session 
ends. This method is prescribed by an Act of Congress passed in 
1866, previous to which time it had been left to the states by Article 
I, Section 4. 

The person elected is usually of the same political party 1. the 



70 



AMERICAN CIVICS HANDBOOK 



Qualifications 
of a Senator 



Officers 



Organization 
of Congress 



Other 

Powers of 

Senate 



majority of the legislature. Even under the present arrangement 
there are frequent deadlocks, and states have frequently failed to 
have full representation in the Senate, as Delaware in 1902. In 
case of a vacancy by death or resignation the governor may appoint 
until the meeting of the next legislature. But in case of failure of 
legislatures to elect the Senate has always refused to admit ad inter- 
im appointees of the governor. In Nebraska, under the present c in- 
stitution (1875), the voters are allowed to express preference for 
senator at the regular November election. 

The qualifications of a senator are: 1. He must be thirty or 
more years of age. 2. He must have been at least nine years a cit- 
izen of the United States. 3. When elected he must be an inhabi- 
tant of the state. The presiding officer of the Senate (President) 
is the Vice President of the United States, who is not chosen by 
that body but is elected at the same time and in the same way as the 
President. The other officers of the Senate are : Secretary, Chief 
Clerk, Sergeant-at-Arms, Chaplain, Postmaster, Librarian and 
Doorkeeper, with many pages, clerks, etc. These officers are not 
members of the Senate. The Senate elects a President pro tem- 
pore, one of the senators, who presides in the absence or disability of 
the Vice President. The Vice President has no vote ''unless they 
are equally divided," but the President, pro tempore, may vote on 
any question but cannot cast the deciding vote in case of a tie. The 
Senate is a "continuing body" and no formal organization is neces- 
sary at the opening of a new Congress, as one-third of the members 
are elected every two years. 

At the opening of a new Congress the Vice-President calls the body 
to order and the other officers resume their duties. After the President pro 
tempore is chosen, the newly-elected members are "sworn in" and after each 
House is organized, each informs the other of the fact and a joint committee 
is appointed which informs the President of the United States tnat quorums 
are present and are ready to receive communications from him. 

In the House the organization is entrusted to the Clerk of the preced- 
ing Housr\ who makes a list of members from the credentials, calls the roll 
and announces the business of the election of Speaker. 

In the House the Committees are appointed by the Speaker, but in 
the Senate the Vice-President does not appoint the fifty or more committees, 
but they are appointed by the management of the party having the majority 
in the Senate. • 

Besides its legislative functions the Senate has one judicial 
function: 1. To sit as a court for the trial of impeachment; and 
two executive functions ; 1. to approve or disapprove the President's 
nomination of federal officers; and, 2. to approve by a majority of 
two-thirds of those present, of treaties made by the President ; other- 
wise the treaty is void. 

When any "civil officer" of the United States is .mpeached by the 
House of Representatives for "treason, bribery or other high crimes or mis- 
demeanor" the Senate convicts by a vote of two-thirds of Senators present 
and conviction carries with it only removal from office and disability to hold 



THE NATIONAL CONGRESS 



7* 



any other offices under the United States. Impeachment has been used only j mpC achment 
seven times in all and only two convictions: Andrew Johnson, President 
1868, (impeached 126-47) ; acquitted 35 to 19. The two persons convicted 
were both district judges of the United States: Pickering of New Hamp- 
shire in 1804, (drunkenness and profanity), and Humphreys of Tennessee 
1862, (disloyalty). Four others have been tried and all acquitted: Su- 
preme Justice Chase, 1805; Judge Peck of Missouri, 1830; President John- 
son, 1868; Secretary of War Belknap, 1876. In 1797 Senator Blount of 
Tennessee, was impeached by the House, but the Senate decided by 15 to 
11, that Congressmen were not civil officers of the United States. 

Senators and Representatives receive $7,500 per annum, paid 
out of the United States Treasury, and mileage, 20 cents per mile 
for traveling to and from a session of Congress. Both members 
and Senators are allowed $125 a year for postage, stationery and Privileges 
newspapers. 

Members of both houses are privileged from arrest while at- 
tending a session except for felony or breach of the peace. No Con- 
gressman can be questioned in another place for any utterance in 
either house. Congressmen cannot hold a civil office under the 
United States, nor can civil officers become Congressmen, nor can 
a member of the Cabinet sit in either House. 

The constitution does not provide any method whereby legis- 
lative power may be exercised. Each Congress, therefore, elabor- 
ates a set of rules of procedure ; each House being the final judge of 
the elections, returns and qualifications of its own members and by 
its rules punishes its members for disorderly conduct and may, by a 
vote of two-thirds, expel a member. The Constitution provides that 
a majority shall constitute a quorum to do business and that each 
House shall keep a Journal of its proceedings ; the debates do not 
appear in the Journal (which is also published) but are published in 
the "Congressional Record," which appears daily. 



Rules and 
Quorum 



Frequently instead of actually delivering his speech a member asks 
"leave to print"; many speeches thus not actually delivered are distributed 
for campaign literature. The yeas and nays of the members of either House 
on any question must be entered on the journal if one-fifth of those present 
shall desire it. 

A measure, before it becomes a law, is either a bill or a joint 

resolution. A bill that has passed both houses and been signed by b^ Si R eso , 

the President, or otherwise been "approved," is an Act and as such lutionsand 
is the law of the land. Acts 

Lack of time prevents the separate consideration by the whole Con- 
gress of every matter before it. That measures may be thoroughly investi- 
gated eac>> House of Congress is divided into a large number of committees. 
Each committee busies itself with a certain class of business: and bills, Committeet 
when introduced by a member, are referred to this or that committee for 
consideration, according to the subjects to which the bill relates. The com- 
mittee then takes it up for consideration and may amend or change it as it 
pleases, after which the bill is, or is not, reported back to the chamber with 
a tavorable or an adverse report. 

On Mondays there is a roll-call of the states (first and third Mondays 
of each n.onth) and then if a member has a bill to introduce he takes it to 



J2 AMERICAN CIVICS HANDBOOK 

the desk of the presiding officer, or to the Clerk and the title is read when 
the roll of the states is called. This is called the "first reading", (being the 
title only). If the committee reports a bill back, (most bills never "get out 
of committee"), it is put on one of three calendars: 1. Revenue or Ap- 
propriations Calendar. 2. Public bills, not regarding appropriations. 3. 
Private bills. 

Bills are not taken up in the order on the calendar, but in accordance 
.to importance as determined by the Committee on Rules (House). Reports 
Order or f rom standing committees are usually called for at each daily session and a 
Passage oi favorable report is a great help in the passage of a bill. 

- When a report of a committee is received the bill is then printed and 

distributed among the members. Every bill must be read publicly by the 
Clerk three times, generally on separate days, but by unanimous consent 
the House may order the three readings all in one day. When the bill is 
before the House on second reading, it may be amended and debated. 

When tax and appropriation bills are considered in the House they 
are debated in Committee of the Whole, at which time great freedom of de- 
bate is allowed. After passing second reading the bill is engrossed: then 
it is read a third time and put to vote. 

The House allows comparatively little debate, but in the Senate there 
is no "Cloture rule", limiting debate. "Filibustering" is now practically im- 
possible in the House, but still common in the Senate. 

A majority vote is necessary for the passage of a bill, and the vote is 
taken: 1 By viva voce, yeas and nays. 2. By a, rising vote. 3. By roll 
call of yeas and nays on demand of one-fifth of members. 

About one bill in eight becomes a law. Of 4000 bills introduced in the 
Senate of the Fiftieth Congress 1681 passed the Senate. Of these 667 pass- 
ed the House and were sent to the President, who vetoed 76, thus permitting 
Fate of 791 to become laws. The first session of the Fifty-first Congress was the 
Bills longest, with one exception ever held. During that session there were in- 
troduced in the House 12,402 bills and resolutions, and in the Senate 4570, 
making 16,972 in all; of which 1335 finally passed. Of the 14,500 bills of the 
Fifty-fourth Congress only 948 became laws. In the 137 working days of the 
Fifty-sixth Congress 12,152 bills were introduced, of which 1215 became 
laws. In the Fifty-seventh Congress 17,560 bills were introduced, of which 
2,781 became laws. During the two sessions of the Fifty-ninth Congress 
35,000 bills and resolutions were introduced, but only 522 became public 
laws; v/hile 7600 private pension bills were passed. This Congress appro- 
priated $919,900,000. 

After the bill is passed it is formally sent to the other House, and if 
there passed it is ready for the President's signature. If vetoed, the bill is 
lost, unless passed over the veto by a two-thirds vote of both Houses. The 
Veto President has ten days in which to deliberate and if the bill is not returned 
by him to Congress in that time it becomes a law without his signature. If, 
however, Congress adjourns before the ten days expire, and before the given 
measure has been returned to Congress, the measure is lost. This is call- 
ed a "pocket vote." If the Houses disagree in regard to a bill it is often re- 
ferred to a "Conference Committee" which reports a compromise measure 
which is frequently passed by both Houses. The majority rules Congress 
through the Party Caucus which practically selects the Speaker and de- 
termines in advance which measures must be passed and which rejected. 



POWERS OF CONGRESS 



73 



CHAPTER XXII. 
Powers of Congress 



Section 8, of Article I, of the Constitution, contains 18 clauses 
enumerating the powers of Congress. Congress shall have power 
to lay and collect various forms of taxes, which shall be uniform 
throughout the Union, to pay debts and to borrow money on the 
credit of the United States. 

Taxes ("contributions imposed on individuals by Government for the 
services of the State,") are direct, such as those levied on land and on in- 
dividuals, as capitation-taxes, which are to be apportioned among the sev- 
eral states in the same manner as representatives; and indirect, as those 
levied on articles of consumption, and generally called duties, imposts and 
excises. 

Duties are those levied on imports (duties on exports being forbid- 
den), and are specific, or levied by quantity or weight, without reference Taxation, 
to value, and ad valorem, or according to value. Duties are collected in the Direct and 
custom house where the dutiable goods are landed. There are 150 "ports of Indirect 
entry" in the United States, in each of which is a custom house presided 
over by a collector, and a surveyor of customs. A direct tax comes from the 
property of the nominal payer, while an indirect tax is assessed on one per- 
son but is really paid by another. When the Constitution was adopted it 
was expected that most of the expenses of the Federal Government would 
be met by direct taxation, apportioned among the states; but it has been 
found so difficult to collect the direct taxes that the United States has levied 
them but five times in our history in 1798, 1813, 1815, 1816, and 1861, and 
then for one year only at each levy; the twenty millions per annum levied 
in 1861, was annulled at the end of the first year, and was found so difficult 
to collect that it was all refunded in 1891. 

The income tax of 1894 (2 per cent on the excess over $4,000 on in- 
comes over $4,000) was declared by the Supreme Court to be a "direct tax" 
and therefore must be apportioned and hence the law was declared uncon- Tariff 
stitutional. Therefore the revenue of the Federal Government is derived 
entirely from indirect taxes, known almost exclusively as duties, on im- 
ported goods, and excises, taxes levied on the manufacture and sale of com 
modifies. A schedule of rates of duties is called a tariff, and when it is con- 
sidered wholly with reference to the raising of money for expenses, it is 
called a "tariff for revenue," but when the rates are fixed with the purpose 
of encouraging certain forms of industry it is called a "protective tariff." 
The interpretation of this question has been a frequent source of political 
strife. 

Excises are commonly spoken of as Internal Revenue and are now 
levied on Liquors, Tobacco, Snuff, Opium, Oleomargarine, Filled Cheese, 
Mixed Flour and Playing cards, and paid usually by the purchase and use Internal 
of adhesive stamps, under the supervision of an officer in the Treasury De- Revenue 
partment known as the Collector of Internal Revenue. Distilleries are lin- 
ger the supervision of government "store keepers who inspect and record 
each step in the manufacture of spirits. A "guager" measures the contents 
of each package and affixes the stamp. In the manufacture of fermented 
liquors, proprietary articles and tobacco, the manufacturers themselves af- 
fix the stamps. 

The list of articles taxed by excise greatly increases in time of war. 



74 



AMERICAN CIVICS HANDBOOK 



In 1898 additional items were added such as taxes on bankers, brokers, 
billiard rooms, legacies and legal documents, raising the revenue from one 
hundred and seventy million dollars in 1898 to two hundred and seventy- 
three million dollars in 1899. Most of these were repealed in 1901. 

About 50 per cent of all articles imported into the United States are 
dutiable and the rates run from 25 per cent to 140 per cent of the purchase 
price. In 1904 the net government receipts from all sources were $540,000,- 
Feceipta 000, of which $261,000,000 came from customs and $233,000,000 from internal 
and revenue. The remaining $46,000,000 were derived largely from sale of pub- 

Expenditures He lands and receipts from the postoffices. The expenditures in 1904 ex- 
ceeded the receipts by over $17,000,000, being divided as follows: (Net 
$557,000,000); War, $115,000,000; Navy, $102,000,000; Pensions, $142,000,000. 
Interest Public Debt, $24,000,000 and the balance largely for Civil Service, 
Indians and Postoffice Department. In 1907 the receipts (net $665,306,134.92) 
exceeded the expenditures (net 35578,360,592.15). 

As revenue bills originate in the House of Representatives so 
no money can be expended from the Treasury except by appropri- 
ation through an Act of Congress, the annual appropriations now 
average about $900,000,000. 

Congress can borrow money in two ways: 1. By issuing 
The Public bonds bearing a certain rate of interest (2 per cent to 4 per cent), 
Debt running 20 or 30 years, sold usually at a premium and distributed 
through banks. The public debt now includes nearly a billion dol- 
lars worth of such bonds of which nearly one-half are at 2 per cent. 
As they are not taxable they are in great demand and command a 
great premium. 2. By issuing Treasury (promissory) notes, some 
of which bear interest and known as "seven-thirties," "ten-forties," 
and "five-twenties," the seven-thirties being 7 per cent payable in 
30 years, and the other two payable in less than ten and five years, 
respectively, nor more than forty and twenty years. Most Treas- 
ury notes now in circulation are non-interest bearing and are called 
"legal tenders," for the law made them legal tender for all debts, 
public and private. 

Congress has the power to regulate commerce with foreign na- 
tions, and among the several states, and with the Indian Tribes, but 
there must be no tax upon articles exported from any State nor may- 
preference be shown among the States nor shall vessels pay duties 
on inter-state commerce. 

Under this Congress protects shipping, by maintaining light houses, 
buoys, and life saving stations, declares what places shall be ports of entry 
for cargoes, and the rules for entering and leaving ports, frames rules for 
Foreign and the government of seamen on American vessels, protects the crews, bottoms 
Domestic and cargoes of. American vessels, declaring only those to be American, reg- 
Commerce istered as such, that are American built and owned by American citizens, 
and that only American vessels can engage. in the "coasting trade." Under 
this head Congress provides for American consuls, makes coast and geodetic 
surveys, clears harbors and rivers, (particularly at the mouth of the Mis- 
sissippi), and enacts laws respecting pilotage, quarantine, and wreckage, 
"inspects" steamers and boilers, and exercises a large control over rail- 
roads, steamboats, telegraphs, etc. 

Under this heading Congress can control lotteries, liquor selling, (see 
the "original package case" of 1888 in Iowa and the South Carolina dispen- 
sary case of 1897), Immigration, (excluding Chinese, convicts, insane, pau- 



POWERS OF CONGRESS 



'/5 



Railroad 
Regulation 



pers, polygamists, diseased persons, and laborers under contract, except 
professional and skilled laborers in new industries), and corporations doing Immigration 
an interstate business, such as railroads, insurance companies and other 
large corporate "trusts." 

To prevent "pooling" and rate "discrimination" in 1887 Congress 
passed the Interstate Commerce Act, applying to all "common carriers" 
from State to State, which creates a Commission of five persons which has 
power to declare rates unjust and enforce its decisions through the courts. 
The law requires that all charges shall be "just and reasonable," that there 
shall be no discrimination in favor of any person or corporation, (including 
the granting of passes to those not employes), by the "long and short haul 
clause" railroads must charge the same as the competing line having the 
shortest mileage between two interstate points, all rates must be posted and 
published, and the Commission must supervise the law. In 1906 the Rate 
Bill was passed by which the Interstate Commerce Commission is enabled 
to fix interstate railroad rates, extended the power of the Commission and 
made all orders of the Commission effective within 30 days, with a penalty 
of a fine of $5000 a day for delinquency, imprisonment, or both. 

In 1890 an Anti-trust law was passed making illegal any combination 
in restraint of trade or commerce. (Under this law in 1894 the Supreme 
Court decided combinations of labor as illegal as combinations of capital). 
In 1903 another similar law was passed providing for the immediate trial of 
cases involving the law in the Circuit Courts with appeal to the Supreme 
Court. 

In 1903 a Commissioner of Corporations was created in the Depart- 
ment of Commerce who investigates the organization, conduct and manage- 
ment of interstate corporations, and in the same year the Elkins Anti-rebate 
bill made it illegal to give or accept any rebate of transportation charges. 
It is probable that these are but first steps in very widespread socialistic leg- 
islation. 

Under this head the Panama Interoceanic canal is being built, and un- 
der it protective tariffs and "reciprocity" treaties are being enacted. Through 
protection to industries the value of our manufact"-ed products have in- 
creased seven-fold since 18G0, although our population has only doubled in 
the same period. 



Anti'Trust 
Measures 



Panama 
Canal 



Coinage 
and 



Congress may coin money, regulate the value thereof and of 
foreign coin, fix the standard of weights and measures and establish 
uniform bankruptcy laws. 

Government money is coined at the mints in Philadelphia, New Or- 
leans, Denver and San Francisco (Carson City, also) ; Assaying, (determin- 
ation of the purity of the ore) is done at Assay offices in New York, St. 
Louis, Deadwood, Helena, Boise City, Seattle and Charlotte, (N. C.) In the 
mint the pure silver is alloyed with copper (and silver, for gold), and 9-10 
of the coin only is pure metal. Under regulating the value arose the "Green- 
backs" and "Silver" questions. 

Gold is now the "standard money of the United States," by the Act of 
1900. Silver, subsidiary coin and paper circulate on account of exchangea- Currency 
bility for gold at a Sub-Treasury or the Treasury. 

Congress has not by law "fixed" the standard of weights and meas- 
ures, though it has legalized the metric system. Congress has found great 
difljculty in passing laws regarding bankrupts (by which when an insolvent's 
property is divided among his creditors he is legally discharged from making 
further payment). Congress has passed four such laws, in 1800, 1840, and 
1867, (which three were repealed) and the preseut law of 1898. State laws 
prevail when there is no national bankrupt law. 

The process by which a foreigner becomes a citizen is called Natur- 
alization. By Amendment XIV citizenship applies to white persons and per- 
sons of African descent. By an act of 1882 Chinese cannot be naturalized, 
and it has also been denied to natives of Japan and Burraah. The Supreme 
Court has decided that a child born in this country of Chinese parents is a 



7 6 



AMERICAN CIVICS HANDBOOK 



Natural!'' 
zation 



Postal 
System 



Copyrights, 

Trade Marks 

and 

Patents 



citizen. Naturalization requires: 1. Five years residence in the United 
States and one year in the state. 2. Two years preliminary declaration of 
intention. 3. Oath to support the Constitution. 4. Renunciation of all 
foreign titles to order of nobility. 5. Abjuration of foreign allegiance. 

Marriage naturalizes the wife, if she herself might lawfully be natur- 
alized. Children born of United States citizens abroad are held natural born 
on return to this country. Naturalization does not give suffrage; that de- 
pends on State Legislation. 

The power of Congress to punish counterfeiting is evolved naturally 
from the power to coin and regulate money. 

Congress has power to establish postoffices and postroads. Out 
of these few words Congress has created a vast postal system at an 
annual cost of about $100,000,000. 

The contract for carrying the mails is given out by the United States 
to the lowest responsible bidder. All postmasters whose salaries are $1000 
or more a year are appointed by the President for a term of four years; all 
others by the postmaster general. The postmasters in the smaller places 
receive a percentage of the income of their offices. All towns in which the 
gross receipts of the postoffice amount to $10,000 or over have free mail de- 
livery, by letter carriers. Less than 5000 postmasters are appointed by the 
President while over 72,000 are appointed by the postmaster general. 

The United States postal establishment is the greatest business con- 
cern in the world, and it is the only national mail system that is run at an 
annual loss, a deficit of about 14 millions in an annual expenditure of about 
$167,000,000. This is due to the abuse of the "second class matter" privi- 
lege and to the cost of establishing rural free delivery, which cost over 
$12,000,000 in 1906. It employs over 100,000 people in connection with over 
75,000 postoffices, distributing in average of 100 pieces of mail matter per 
year for every man, woman and child in the land. In 1897 Congress inaug- 
urated a free delivery system in county districts and the movement is so 
popular that there are over 20,000 rural delivery routes established and many 
being added year by year. 

Congress has the power to regulate the granting of patents 
copyrights and trade marks. 

Any person desiring a copyright must deliver to the Librarian of 
Congress before publication a printed copy of the title of the book or de- 
vice, or a description of the painting or other design, and after publication 
two complete copies must be filed with the Librarian. These must be made 
entirely in the United States and during period of copyright foreign impor- 
tation of copies is prohibited. A fee of fifty cents is charged for making 
record and another fifty cents for making a copy of record. The copyright 
runs for 28 years and may be renewed for 14 years. By the Act of March 3, 
1891, Congress included foreigners in the operation of the copyright law. 

A person desiring a patent must file a petition alleging priority of in- 
vention and a description of the article with drawings. $15 is charged for 
filing the application and $20 for issuing patent. The patent is issued for 
17 years and may be extended for 7 years longer by the Commissioner of 
Patents or by special act of Congress. A Caveat is a description of a pro- 
posed invention and by it the inventor is given a year to complete his work 
and file his petition. The Patent office is self supporting. 

Out of 1,729,147 patents issued up to 1897 in all countries overe one- 
third have been issued in the United States. The number of patents issued 
since the Bureau was established in 1836 to 1902 was 702,934. In 1906 there 
were 31,965 patents issued. 

Congress has power to punish piracy (robbery at sea) and fel- 
onies upon the high seas and offenses against the law of nations. 



POWERS OF CONGRESS JJ 



Prize Cases 



Piracy is punishable by death, and slave traders are generally held 
as pirates. In addition to this Congress has extensive criminal jur- iracT 
isdiction over the territories, the District of Columbia, United States 
forts, arsenals, navy yards, etc. Congress has the power to const : - 
tute tribunals inferior to the Supreme Court. (This is treated in 
the chapter on Federal Judiciary). 

Congress declares war (among European nations war i<= gen 
erally declared by the executive) ; grants letters of "marque and re- p r i va a t e C rs 
prisal," (papers empowering private citizens to seize vessels ar> r ! car- ( and 
goes of the enemy, creating "privateers.") In the Spanish War of 
1898 the United States declared against privateering and forbade it, 
while Spain declared for it, though no privateers were commis- 
sioned. 

Congress makes rules concerning captures on land and water 
("prize laws"). Congress has the power to raise and support 
armies, but no appropriation of money to that use shall be for a 
longer term than two years ; and to provide and maintain a navy. 

Previous to 1898 the regular army contained 27,000 enlisted men, 31,472 
in all. By the Act of February 2, 1901, the strength was increased tem- 
porarily to a maximum of 102.258 and a minimum of 57,870 enlisted men. 
The enlisted strength of the army as organized now (since 1904) is 57,946. 
(Compare with England, 324,653, France, 498,003; Germany, 605,975; Russia, 
1,100,000; Austria, 391,766. 

Officers enter the army through one of three channels. 1. Through 
graduation from the United States Military Academy at West Point. 2. * he Army 
Through appointment from the ranks, by examination and promotion of en- 
listed men. 3. By the appointment of six civilians a year from the best 
private military schools. 

The West Point. Military Academy was established in 1802. One cadet 
is appointed from each Congressional District, one from each Territory, Por- 
to Rico and the District of Columbia. Two at large from each state (by 
Senators, usually), and forty, at large from the whole country, by the Pres- 
ident. The last group consists usually of the sons of military officers. After West Point 
a four years' course graduates are entitled to a commission as second lieu- 
tenant. By the constitution the President commands the Army, but it is 
really commanded by the Chief-of-Staff who acts under the President and 
the Secretary of War. The Chief-of-Staff is usually the Lieut-General of 
the Army, or sometimes a major general. We have had but four Generals 
in our history, Washington, Grant. Sherman and Sheridan; the office is now 
abolished. In war the army is divided into two corps, each commanded by 
a major general ($7,500) ; there are several divisions in each corps, each 
commanded by a major-general, or a brigadier-general ($5,500) ; each di- 
vision is divided into brigades, commanded by brigadier-generals; each bri- 
gade consists of regiments, each regiment containing three squadrons or 
battalions, of four troops or companies each. A regiment contains thus 12 
companies of 65 men each, making 780 men, with 36 officers, in all S16 men 
10 a regiment. A colonel ($3,500) assisted by a lieutenant-colonel ($3,000) 
commands a regiment. A major ($25,000) a battalion; a captain, ($1,800) 
a company; and each platoon of a company is commanded by a first lieuten- 
ant ($1,500) or a second lieutenant ($1,400). Mounted officers receive more 
than unmounted, and there is an increase for every five years of service, 
with retirement on half pav at age of sixty-five. In 1904 the army contained 
15 regiments of cavalry, 12,260 men; 126 companies of coast artillery, and 30 
batteries cf field artillery, 17,742 men; onrl 28 regiments of infantry, 28,848, 
making in all 57,946, counting the engineers and other corps. In addition to 
this therp are two battalions of Porto Rican infantry, and 50 companies of 



7 8 



AMERICAN CIVICS HANDBOOK 



Philippine Scouts, officered by white officers. In 1905, the additional militia, 
ready and equipped for service, numbered 111,2b./ officers and men. 

By an order of 1904 the country was divided into five geographic di- 
visions, each commanded by a Major General, each including Departments, 
commanded by Major Generals or Brigadier Generals. 1. Atlantic Division, 
The Militia w ^^ two departments. 2. Northern Divisions with three department. 3. 
Southwestern. Divisions, with two departments. 4. Pacific Division, with 
two departments. 5. Philippine Division, with three departments. 

Congress may call forth the militia to execute the laws of the 
Union, suppress insurrection and repel invasion. The States have 
the appointment of the officers and the training of the militia, but 
under the direction of Congress. The militia consist of all able 
bodied men between 18 and 45 years of age, ove 10,000,000 in all, 
but only about 10 per cent of this number is enrolled. 

The militia has been called out but three times in our history by the 
United State Government, in 1794, during the "Whiskey Insurrection," (15,- 
000); in 1812 and in 1861, (three separate calls, in all of 475,000), although 
during the Civil War the States furnished in all 2,656,553 men, they were 
mostly enrolled as "volunteers," as they were also in 1846 and in 1898 (200,- 
The Navy 000 in all in response to two calls) . As the militia cannot serve out of the 
country the substitute of "volunteers" is necessary. 

In the earlier years of our history our navy found little favor 
in popular estimation ; in fact, it was considered of doubtful utility 
until enthusiasm was aroused by the War of 18 12. Our navy, in 
a modern sense, did not commence until 1883, but it has grown so 
rapidly, through the fostering of Congress, that it now ranks next to 
the navies of England, France and Germany. 

The fighting strength of a ship is called its "rate," and is the same for 
battleships and cruisers. Our twelve battleships are named after states, (two 
first rates and one second rate) ; our armored and protected cruisers are all 
named after cities, (gunboats being named after smaller cities, cruisers after 
large cities) ; the other vessels of our navy are named at the will of the 
President. Our navy consisted in 1906 of 302 vessels, of which 45 were 
under construction and 23 were unfit for service. Officers for the navy are 
trained in the Naval Academy at Annapolis, (established 1845). Two mid- 
shipmen are appointed by each representative, senator and each delegate; 
and two from the District of Columbia, and one from Porto Rico. The Pres- 
ident appoints five each year at large. The course is four years in the Acad- 
emy and two years at sea. There is a War College at Washington, and 
training ships in various navy yards. Rank and pay: Admiral, $13,500; First 
Nine Rear Admirals, $7,500 at sea (on shore, $6,375) ; Second Nine Rear 
Admirals, $5,500 ($4,675); Captains, $3,500 ($2,975); Commanders, $3,000 
($2,550); Lieutenant Commanders ,$2,500 ($2,125); Lieutenants, $1,800 
($1,530); Lieutenant (junior grade), $1,500 ($1,275); Ensigns, $1,500 ($1,190). 
There is also attached to the navy a sort of police and military force, called 
the Marine Corps, which is commanded by a Brigadier General of Marines 
and has the rank and pay of corresponding grades in the army. In 1906 the 
navy had 37,000 enlisted men and 9,049 marines. 

Congress shall have power to exercise exclusive legislation in 
all cases whatsoever over such district (not exceeding ten miles 
square) as may, by session of particular States and the acceptance of 
Congress, become the seat of the government of the United States. " 
By a law of 1790 the cession by Maryland and Virginia of the tract. 



POWERS OF CONGRESS 79 



now including the present District of Columbia, was accepted by , 

Congress. In 1846 the part granted by Virginia was receded to that Columbia 
state. 

The location of ihe capital was due to a compromise of conflicting 
interests. Hamilton and his party, (the North) wished to have the United 
States assume the debt of the States incurred previous to the adoption of 
the Constitution; the North wished the capital located at New York, Phila- 
delphia, (Germantown) or on the Susquehanna; the South, led by Jeffer- 
son, wished the capital on the Potomac and was opposed to the assump- 
tion of the debts of the States. A compromise was effected through the 
influence of Hamilton and Jefferson, by which Philadelphia received the 
capital from 1790 to 1800, the United States assumed the State debts and 
the capital was permanently located at (what was afterwards) Washing- 
ton on the Potomac, within a few miles of Mount Vernon. Previous to 1800 
the capitaPhas been located at the following places: Philadelphia, 1774; 
Philadelphia, 1775; Baltimore, 1776; Philadelphia, 1777; Lancaster, Pennsyl- 
vania, 1777; York, Pennsylvania, 1777; Philadelphia, 1778; Princeton, 1783; 
Annapolis, 1783; Trenton, 1784; New York, 1785; Philadelphia, 1790. "Elastic 

The last clause of Section 8, Article I, is known as the "sweep- 
ing clause" because by it the government is given full national 
powers, and by it, Patrick Henry thought Congress would over- 
throw the States. This is sometimes called the "elastic clause" for 
under it by the doctrine of "implied powers" the government has 
been greatly centralized and elaborated. n t , t .. , 

T ° , , . . , . . , , . Constitutional 

In addition to the restriction upon the general government of Restrictions 

the First Eight Amendments, the Constitution expressly prohibits 
any ex-post-facto law, or bill of attainder, that direct taxes must be 
levied in proportion to population, that no title of nobility shall be 
granted and that no money may be drawn from the Treasury, except 
by legal appropriation. In addition the Constitution puts the fol- 
lowing restrictions upon the States: 1. No State shall enter into 
any alliance, treaty or confederation. 2. Grant letter of marque 
and reprisal. 3. Coin money. 4. Emit bills of credit. 5. Make 
anything but gold and silver a legal tender. 6. Pass bills of at- 
tainder, ex post facto laws or laws impairing the obligation of con- 
tracts. 7. Grant any title of nobility ; perform certain other powers 
compatible only with state sovereignity. 



8o 



AMERICAN CIVICS HANDBOOK 



CHAPTER XXIII. 
The Executive 



The 
Executive 



Election of 
President 
and Vice 
President 



Article II of the Constitution deals with the Executive, and 
from it we observe that : i. The executive is vested in one person, 
elected for four years and that the Vice President is elected at the 
same time. 2. That the Vice President is a member of the Legisla- 
tive branch, except in case of the death or disability of the President, 
when he acts as President. 3. That the qualifications for President 
are : A native born citizen of the United States ; must be 35 years of 
age or more; must have been 14 years a resident within the United 
States. The qualifications for Vice President are the same as those 
of President. 

4. By this article, as superseded by the XII Amendment, the 
President and Vice President are elected by electors (no one of 
whom must be an officer of the United States), chosen (as fixed by 
Act of 1845) tne Tuesday after the first Monday in November, at 
the same time in all the States, with the names of all the electors in 
each state on a general ticket. Each state is entitled to as many elec- 
tors as it has representatives in Congress, one for each senator and 
one for each representative. 

Although electors are now chosen in all the States on a general tick- 
et and voted for by all the people at the same time, there have been three 
other different methods used previously, a. Elected by joint ballot of the 
State Legislature, b. Elected by a concurrent vote of the two branches 
of the Legislature, c. By the people voting in districts. 

After the election of the electors, those elected meet on the 2nd 
Monday in January (by Act of 1887) t0 vote f° r President and Vice 
President at the state capital. The electors give separate votes for 
President and Vice President by ballot. They then make, sign and 
seal three certificates of all the votes given, and certify on each cer- 
tificate that there is contained within a list of the votes of the elec- 
tors of the state for President and Vice President. One is delivered 
to the United States District Judge for the district in which they are 
assembled ; a second is sent by mail to the President of the Senate ; 
and the third is sent by special messenger to be delivered in person to 
the President of the Senate. The votes (certificates) are opened by 
the President of the Senate and counted, state by state, in alphabeti- 
cal order, in the presence of both houses of Congress in the Hall of 
Representatives. The aggregate vote is declared by the presiding; 
officer. 



THE EXECUTIVE 



81 



5. If no person receives a majority of the votes cast by the 
electors the choice of a president is referred to the House of Repre- 
sentatives, the choice being restricted to the three highest candi- 
dates. The vote is taken by States and there must be a quorum 
present of two-thirds of the states. The House must continue vot- 
ing until an election results or until the 4th of March next follow- 
ing and if there is no election, "the Vice President shall act as Presi- 
dent." 

6. If there is no election of Vice President the Senate imme 
diately proceeds to choose a Vice President. A majority of the 
whole number of senators is necessary to a choice, and two-thirds 
constitutes a quorum. 

Until 1887 there was no law concerning who should decide as to the cre- 
dentials of electors, in case of the certification of two or more sets of elector- 
al votes; in 1876 the Senate being Republican and the House Democratic there 
could be no agreement as to the Jsi disputed electoral votes (two sets of 
electors) from Florida, South Carolina, Louisana and Oregon. It was final- 
ly decided to refer the 21 votes m dispute to an Electoral Commission con- 
sisting of 5 Supreme Court Judges, 5 Senators and 5 Representatives. Two 
days before the inauguration by a vote of 8 to 7 the commission awarded ail 
the disputed votes to Hayes and Wheeler who were thus elected by 185 votes 
over Tllden and Hendricks, who had 184 votes. To avoid future complications 
of this character a law was passed providing that the State authorities, exec- 
utive or judicial, would be the sole and final arbiters of all contests regarding 
electors. 

In ten elections the candidate receiving the majority of the electoral 
vote has failed to receive the majority of the popular vote; as in 1876, Tilden 
received more than 250,000 over Hayes, who had one more electoral vote. 
This evil has never yet been remedied. Two men have been elected to the 
Presidency (owing to failure to receive a majority of the electoral vote), 
by the House. Jefferson and Burr (before the XII Amendment) in 1800 re- 
ceived 73 votes each and after thirty-six ballots Jefferson was selected. 
After the XII Amendment, in 1824, Jackson received 99 votes, Adams 84, 
Crawford 41 and Clay 37. As the House votes only on the three highest 
Clay gave his votes to Adams who was elected. At the election of Van 
Buren in 1837 it was found that Richard M. Johnson did not have a ma- 
jority of the electoral votes at Vice-President, and that the two highest on 
the list were Johuson and Granger. The Senate at once proceeded to the 
election of a Vice-President and the first ballot elected Johnson by a vote 
of 33 to 16. This is the only occasion that the choice of a Vice-President 
devolved on the Senate. 

The Vice-President has filled the Presidential chair in five instances: 
Tyler succeeded Harrison in 1841; Fillmore, Taylor in 1850; Johnson, Lin- 
coln in 1865; Arthur, Garfield in 1881; and Roosevelt, McKinley in 1901. 

By the Act of 1886 it is provided that in case of the death of both 
President and Vice-President, the succession shall be in order as follows: 
Secretary of State, Secretary of the Treasury, Secretary of War. Attorney 
General, Postmaster-General, Secretary of the Navy and Secretary of the In- 
terior. Salary of President $50,000 (previous to 1873, $25,000); Vice-Presi- 
dent, $8,000. It cannot be changed during term of office. 



Election by 

the House 

and by the 

Senate 



Electoral 
Commission 



Contested 
Elections 



Succession 
Act 



82 



AMERICAN CIVICS HANDBOOK 



CHAPTER XXIV. 

The Powers of the President 

The powers of the President are enumerated in Sections 2 and 
3 of Article II of the Constitution. His powers are as follows: 1. 
Powers of He is commander-in-chief of the army and navy and of the militia 
^ e in actual service. 2. He may require in writing the opinion of the 
chief officer of the Executive Departments. 3. He may grant re- 
prieves and pardons for offenses against the United States, (im- 
peachment excepted). 4. He may make treaties, by and with the con- 
sent of the Senate, (two-thirds present concurring). 5. He shall 
appoint, by and with the consent of the Senate diplomatic officials. 
Federal Judges and all other Federal officers (not otherwise pro- 
vived for) . 6. He fills vacancies during the recess of the Senate, 
to expire at end of next session. 7. He shall inform Congress 
from time to time on the state of the union, and advise necessary 
measures. 8. He may convene Congress in extraordinary session, 
and in case of disagreement adjourn Congress. 9. He receives 
ambassadors and public ministers, and 10. Takes care that the laws 
are faithfully executed and commissions all officers of the United 
States. Of these powers those most important are those regarding 
appointments, the recognition of executive departments and the 
treaty making power, the last of which we have already considered. 

Previous to 1883 the President appointed, directly or indirectly, all 
executive Federal officers; he named many of them himself and others were 
named by the Heads of Departments, who were the appointees of the Presi- 
dent. In 1883 the first effective Civil Service Act was passed (Pendleton 
Civil Ser » Act) . This Act provided for competitive examinations to be held for certain 
vice Act specified positions, and provided that for these positions only those passing 
the examination could be appointed. The appointments must be distributed 
throughout the States in proportion to population. Since then this merit 
system has been extended until it protects 135,482 Federal officials, an 
of a non-political and clerical nature, called the "classified service." 

There ire about 125,000 Federal officials who are not in the Civil Serv- 
ice classined service and who are appointed by the President, directly by 
and with the consent of the Senate, or indirectly through the Heads of 
Departments, and of these nearly 72,000 are fourth class Postmasters, (un- 
der $1000 per annum) appointed by the Postmaster General. There are 
about 5000 officers requiring confirmation by the Senate, and of these over 
3500 are "Presidential" Postmasters; and of the 1000 and more who remain 
many of them are appointed by the President at the suggestion of the Sen- 
ators from the State wherein the appointment is. There are 280,000 posi- 
tions in the executive Civil Service, with a total expenditure for salaries of 
Spoils about $180,000,000. 

System The Constitution contains no provision regarding removals from office. 

Previous to 1820 it was the policy of the Government that non-political offices 
should be filled without regard to any personal or political favor and that an 



THE POWERS OF THE PRESIDENT 83 

officer might retain his position so long as he rendered faithful and efficient 
service. During that time there were only 74 removals, and five of these 
were defaulters. In 1830 Secretary Crawford secured the passage of the 
"four years Tenure Act", making all officers of a certain type hold office 
only for four years. This created rotation in office and out of it grew the 
"spoils system", perfected by Jackson, who removed during his first year 
of office ten time as many officials as in the ten preceding administrations. 
This abuse is now partially remedied as those in the classified service can 
not be removed except on serious charges. In 1902 the Civil Service Com- 
mission (consisting of three men, no two of whom shall be of the same po- 
litical party as the third) filled 121,000 of the 235,000 Federal offices, 109,000 
only after examination. In 1906, 122,034 were examined, 95,035 passed, and 
of this number 39,866 received appointment. From July 16, 1883 to June 
1, 1906, 269,598 persons have been appointed to the classified service by com- 
petitive examination. All vacancies are filled from the three names highest 
on the list of those who have passed the competitive examination. To be 
successful candidates must attain an average grade of 70 in an examination. 

The heads of these departments, called generally Secretaries, except 
the Postmaster-General and the Attorney-General, being selected by and 
personally responsible to, the President, form what is known commonly 
(though not recognized by law) as the Cabinet, which meets on Tuesdays 
and Fridays, (11:00 to 1:00), to advise with the President regarding im- 
portant measures and department details. 

The first Cabinet consisted of the three Secretaries, (at that time, 
1789) State, Treasury and War, and the Vice-President, the Chief Justice 
and the Attorney-General. After Washington, the Presidents no longer ask- 
ed the advice of the Vice President and the Chief Justice. In 1794 the Post 
Office Department was added; the Navy in 1798; Interior in 1849; Justice in 
1870; Agriculture in 1889; and Commerce and Labor in 1903. Each member 
of the Cabinet receives $8000 per annum. Each Department is divided into 
Bureaus, each bureau into divisions, the divisions into rooms, and in the 
rooms the indiviaual workers, the "clerks". Over the division is a Chief of 
Division, and over the bureau a Bureau Officer, variously called a Com- 
missioner, Comptroller, xluditor, etc. The head of the room is responsible 
to the Chief of Division, and he to the Commissioner, etc., and he to the 
Secretary and he to the President, and the President to Congress. 



8 4 



AMERICAN CIVICS HANDBOOK 



CHAPTER XXV. 



The Department 



Consular 
Service 



As the President cannot personally attend to all the business 
of the executive branch, the Constitution recognized the creation of 
Executive Departments. There are now nine of these : Depart- 
ments of State, Treasury, War, Justice, Post Office, Navy, Interior, 
Agriculture and Commerce. 

The head of the Cabinet is the Secretary of State, who has 
charge of all affairs relating to foreign governments and to the ex- 
ecutives of the States. He is custodian of the United States seal 
and affixes it to all commissions granted by the President ; conducts 
the correspondence with foreign states and with the States of the 
Union ; issues all proclamations in the name of the President ; pre- 
serves foreign correspondence and the originals of all laws, docu- 
ments and treaties, has general charge of foreign relations and in 
that capacity supervises the diplomatic and consular service, issues 
passports and looks after extradition of criminals. 

In the Department of State there are three Assistant Secretaries and 
eight Bureaus, those of Diplomacy, Consuls, Indexes and Archives, Accounts. 
Rolls and Library, Appointments, Passports and Trade Relations, and about 
sixty clerks. The United States sends representatives to foreign countries 
to care for American interests; these are divided into the Diplomatic Corps 
and the Consular Service. The former deals with governments and matters 
of general and national interests; the latter with individuals ard with com- 
mercial interests. Diplomatic Representatives are of three general classes, 
Ambassadors, seven in all, to Austria, France, Germany, Great Britarn, 
Italy, Mexico and Russia, all receiving $17,500 each, except that to Italy, 
($10,000). Envoys, twenty-eight in all, and Residents, two: (thg^e are rlso 
two Diplomatic Agents, to Egypt and Bulgaria). The average salary of a 
Minister is $10,000. Ambassadors are supposed to represent Ihe person of 
the Executive and thus have the right to speak to the sovereigr face to face, 
and so take precedence of all other diplomatic officials. Consuls are Amer- 
ican national business agents and there are about 1500 Consuls, General 
Consuls and Vice Consuls resident in nearly all commercial cities. 

By the Act of 1906 the Consular Service was thoroughly reorganized ; 
all fees were abolished and Consuls and Consul-Generals were classified on 
a strictly salary basis. There are 57 Consuls-General, divided into seven 
grades receiving, according to grade, salaries ranging from $12,000 to $3,000; 
there are 253 Consuls, graded in nine classes, at salaries ranging from $8000 
to $2000. All Consulates are regularly inspected now once in ever/ two 
years, and Consular Clerks and Clerks of the State Department ar~? eligible 
to appointment as Consuls. The offices of Consul-General and the higher 
Consulates are filled only by promotion from the lower Consuls, and by an 
Executive Order of 1906 the lower Consulates are filled only by rigid com- 
petitive examination, where a grade of 80 per cent, is necessary for qual- 
ification. 

The most important and the most elaborate of all the depart- 



THE DEPARTMENT 85 



ments is the Treasury Department, although the Secretary of the 
Treasury ranks only second in the Cabinet. The Treasury has six- 
teen bureaus caring for the money and finances of the nation. 

The Comptroller is the supreme judicial official in matters of finance 
and accounts, passing upon appeals from the decisions of the various Audit- 
ors. There are six Auditors, respectively for the Treasury, War, Interior, Treasury 
Navy. State and other Departments, and Post Office Department, each over- Department 
looking and passing on the accounts of the various departments indicated. 
The Bureau of the Auditor for the Post Office Department is the largest ac- 
counting office in the world, employing about 500 clerks. 

The Treasurer has charge of the public monies in the Treasury at 
Washington, and in the sub-treasuries (established in 1846) in Boston, New 
\ork, Philadelphia, Baltimore, Cincinnati, St. Louis, New Orleans and San 
Francisco, and also in about two hundred National bank depositories. The 
Register signs and issues all bonds of the United States and or Federal 
corporations. The Comptroller of the Currency supervises National banks. 
The Director of the mint has charge of coining and assaying. The Com- 
missioner of Internal Revenue has charge of the collection of internal 
revenue taxes. The Bureau of Public Health and Marine Hospital Service 
has charge of the health of the seamen and the enforcement of quarantine 
regulations and the care of the Marine Hospitals. The Bureau of Engrav- 
ing and Printing has charge of printing and engraving the United States 
notes, bills and other securities. The Superintendent of the Life Saving 
Service has general charge of the construction of public buildings. The 
Treasury Department employs in Washington about 3,500 people and in the 
Union about 20,000. 

The Secretary of War commands (for the President) and su- w ar 
pervises the army. He is assisted by a general staff of brigadier Department 
generals, each of whom is in charge of one of the twelve bureaus of 
the Department. 

The Military Secretary has general charge of the war records; the 
Inspector-General inspects all military commands and stations; the Quarter- 
master-General provides transportation, clothing, equipage, animals, and 
builuings for the army; the Commissary-General of Subsistence provides 
food and rations; the Surgeon-General cares for the health; the Paymaster- 
General pays the troops; the Chief of Engineers has charge of the construc- 
tion and repairs of fortifications, and the care of rivers and harbors and 
certain non-military surveys; the Chief of Ordnance cares for arms and 
munitions; the Judge-Advocate-General reviews courts-martial and military 
commissions; the Chief Signal Officer has charge of all military signalling; 
the Chief of the Bureau of Insular Affairs supervises the machinery of our 
recently acquired insular possessions. This system of the War Department 
is known as the general-staff plan and was not inaugurated until 1903. 

The Attorney General is the head of the Department of Justice 
and the chief law officer of the government. He gives legal opinion oHustke^ 
when requested by the President and the heads of Departments and 
in matters of special graviiy tries cases in the United States Su- 
preme Court. He has general charge of federal attornevs and mar- 
shals in the federal judicial districts. 

He is assisted by the Solicitor-General, who is a sort of Vice-Attor- 
ney-General and has special charge of the Government cause in cases be- 
fore the Federal Courts, especially before the Supreme Court. There are 
seven Assistants Attorney-General. Besides these officials there are a large 
number of "special attorneys" (24) called "'Assistant Attorneys" and "Spec- 
ial Assistant Attorneys" and a small clerical force necessary for routine 



86 AMERICAN CIVICS HANDBOOK 

work. While the office of Attorney-General was created in 1789 the De- 
partment of Justice was not founded until 1870. The Attorney-General is 
the officer who recommends persons as Judges of the District and Circuit 
Courts. 

In July, 1775, the Continental Congress appointed Benjamin 
Franklin, Postmaster-General of the United Colonies. When the 
government went into operation in 1789 the then established post- 
office department was continued without any special act of creation, 
but the Postmaster-General did not become a cabinet officer until 
1829. 

Associated with the Postmaster-General there ar6 four Assistant Post- 
masters General, (appointed by the President) ; all other officials in the De- 
partment, except the 3800 or more 1st, 2nd and 3rd class Postmaster (salary 
over $1000, appointed by the President with consent of Senate) are appoint- 
ed by the Postmaster-General, though the papers and details of the ap- 
pointment of the 70,000, more or less, fourth-class Postmasters, are cared 
for in the office of the Fourth Assistant Postmaster-General, who thus in 
reality makes the appointments. 

The Postmaster-General may, with the consent of the President let 
contracts and make postal treaties with foreign governments. Since 1891 
Post^Office the United States has been a member of the International Postal Union, 
Department conducted under the supervision of the Swiss Postal Service (Known before 
1891 as the Universal Postal Union), by which about fifty distinct govern- 
ments arrange regarding a uniform rate of international postage. A law of 
1866 authorized the Post Office Department to acquire ownership and con- 
trol of telegraph lines, though the authority has never yet been exercised. 

The First Assistant Postmaster-General has charge of salaries, dead 
letters and the general management of post-offices; the Second Assistant 
Postmaster-General cares for the railway and other mail service and the let- 
ting of contracts for transportation; the Third Assistant Postmaster-General 
cares for the issuing of stamps and he is entrusted with the general super- 
vision of post-office finance, including registered mail and the classification 
of mail matter; the Fourth Assistant Postmaster-General cares for the in- 
spection and appointment of postmasters, and looks after city and rural 
mail delivery. There is also an Assistant Attorney-General for the Post 
Office Department, who is more or less dependent on the Department of 
Justice. 

Ordinary mail is divided into four classes: First class, letters (seal- 
The Mail e ^ > secon d, periodicals; third, books; fourth, merchandise. Valuable let- 
ters and packages may be registered and in case of proven loss indemnity is 
awarded to the loser in a sum not to exceed $25. Money is transferred by 
money orders, the annual business in both domestic and foreign exceeding 
$300,000,000. Improperly addressed letters go to the Dead Letter Office, 
where they are opened and if identified are sent to the sender. 

Fifty and more years ago there was no pre-payment of postage, being 
paid for by the recipient, at a rate for 30 miles and under 3 cents, and over 
450 miles, 25 cents. In 1851 it was changed on letters of V% ounce or leso, 
3 cents (if not pre-paid 5 cents) under 3000 miles; since 1883 the rate has 
been 2 cents, pre-paid. 

The Secretary of the Navy performs whatever duties the Pres- 
ident, as commander-in-chief, assigns him and has general supervi- 
sion of vessels of war. 

There is an Assistant Secretary and che Department of the Navy con- 
tains eight Bureaus, each in charge of a naval officer, namely, Navigation, 
Yards and Docks, Equipment, Construction and Repair (probably the most 
important), Steam Engineering. Medicine and Surgery, Supplies and Ac- 
counts and there is also a Judge-Advocate-General who revises, reports and 



THE DEPARTMENTS 



87 



records the proceedings of courts-martial and of boards of inquiry, promo- 
tion and retirement; the bureaus are entrusted with the duties indicated by Navy 
the title of each. There are also in the Department divisions pertaining to Department 
Hydrography, Naval Intelligence, War Records, and the Naval Observatory; 
there are also a number of Boards having charge of inspection, retirement, 
etc. The Navy Department was at first administrated with the War Depart- 
ment under the Secretary of War and was not separated until 1798. 

The Flag of the Nation is in charge of the Secretary of the Navy, who 
officially adds a star to the "field" on the next 4th of July after the ad- 
mission of a new State. The Department annually publishes, for the guid- 
ance of seamen, the Nautical Almanac. 

The Secretary of the Interior is the head of the Department of Department 
Interior, being assisted by two Assistants-Secretary, and conducting of the 
the business of the Department, through six bureaus. Patents, Pen- Interior 
sions. General Land Office, Indian Affairs, Education and Geologi- 
cal Survev. 



The Commissioner of the Patent Office has charge of ihe issuance of 
patents, having under him an Assistant Commissioner, certain Clerks, three 
Examiners-in-Chief and forty Principal Examiners and a large force of As- 
sistant Examiners. Each Examiner has charge of a certain class of patents, 
such as Calorifics, Hydraulics, Sewing-Machines, Wood-Working, etc. Ap- 
peals may be made from Examiners, to Principals, to Examiners-in-Chief 
with final appeal to the Commissioner. Previous to 1849 the Patent Office 
was a part of the State Department. 

The Commissioner of the General Land Office has charge of the care, 
supervision, sale and distribution of public lands. Two-thirds (2,708,388 
acres) of the total area of the United States (3,668,167 acres) has been ac- 
quired by cession, purchase or conquest and most of this public land has 
been disposed of by (1) Educational Grants, (2) Military and Naval Bounties, 
(3) to States for Internal Improvements, (4) by Sale, (5) under Homestead 
Acts, (1G0 acres occupied five years by citizens), (6) by Pre-emption Acts 
(now repealed), (7) Under Timber Culture Act (now repealed), (160 acres 
for |1.25, for planting 10 acres to trees), (8) swamp and other special grants 
to States, (9) Grants to Pacific and other Railroad Companies. The Western 
part of the country is divided into Districts, each district having a Surveyor- 
General, a Register and a Receiver of the Land Office. 

The Commissioner of Pensions has charge of the distribution of the 
enormous sum paid out for faithful service of the past. The amount expend- 
ed in 1906 for pensions was $141,034,562, over one-fifth of the entire ordi- 
nary expenditures. In 1907 the pension expenditure was $139,290,909.80. Any 
soldier or sailor who saw service in the Civil War is now entitled to a pen- 
sion, if he is unable to support himself. 

The Commissioner of Indian Affairs has charge of the Indian Tribes 
of the United States (exclusive of Alaska). Before 1871 the Indian Tribes 
were treated as independent nations and the aborigines were treated with 
dishonor and duplicity. Since then they have been considered wards of the 
nation, and encouraged to leave the tribal relation and become citizens of 
the United States. There are between 250,000 and 300,000 Indians in the 
United States living on about 177 reservations. The Indians are not self- 
supporting and the Government spends about $15,000,000 upon them per year, 
about one-fourth of which is spent for the education of about 25,000 children 
in the Indian schools, about 300 schools in all, mostly uoarding schools. 

The Commissioner of Education collects very valuable statistics re- 
garding public schools and publishes reports of great value to those interest- 
ed in education, but his authority is entirely advisory, having no direct con- 
trol except of the schools in Alaska. 

The Director of the Geological Survey classifies the public lands as 
to geological structure and publishes very valuable reports and maps of the 
lands of the nations. He has care of the reclamation of arid lands under the 
Act of 1902. 



Patent 
Office 



General 
Land Office 



Pension 
Office 



Indian 
Office 



88 



AMERICAN CIVICS HANDBOOK 



n The Secretary of Agriculture has charge of the agricultural in- 

Cpa f n terests of the country; the work of the Department of Agriculture 
Agriculture [ s very largely experimental and educational. 

It is organized in seven Bureaus and a large number of independent 
"divisions" and "offices". The Bureaus have charge of the matters indicat- 
ed by the names, the Weather, Animal Industry (inspection of dead and 
living meats), Chemistry, Statistics, Forestry, (having charge of the "re- 
serves"), Plant, Industry, and Soils. The most important "office" is that of 
Public-Road Inquiries. Millions of packages of seeds, and millions of copies 
of pamphlets on farming are annually distributed free by this Department. 

The Department of Commerce and Labor has eleven bureaus, 
o^Com^ Corporations, which is trying to make public and otherwise regu- 
merce and late the acts of the great trusts and other corporations, Labor, which 
Labor collects very valuable statistics and publishes bulletins from time to 
time on the condition of the labor and living in this and other coun- 
tries, Light House Board, having charge of the 1000 and more light- 
houses, and also the light ships, buoys, etc., on our coast, Census, 
where a permanent force (greatly increased temporarily every ten 
years) collects statistics and keeps the machinery in order ready for 
the decennial census. 

The first census was taken in 1790 and that of 1900 was the 12th, 
showing a population of 76,303,387. The cost of this census was over $16,- 
0^^,000, employing over 50,000 enumerators, 2,500 clerks and 2000 special 
agents, the four principal reports being those on population, mortality, man- 
ufactures and agriculture. 

The Coast and Geodetic Survey has charge of charting the sea- 
coast. The Bureau of Statistics publishes daily and monthly re- 
ports of a statistical nature. The remaining bureaus have charge of 
the subject indicated by the titles, Steamboat Inspection, Fisheries, 
(distributing food fish where needed,) Navigation, Immigration, 
and Standards (pertaining to measuring apparatus). 

Independent of the Departments are several temporary and per- 
manent institutions, such as the Interstate Commerce Commission, 
which regulates the great interstate railroads, but which has no con- 
trol over railroads wholly within the boundaries of a single state; 
the Civil Service Commission, which administers the Civil Service 
Acts ; the Government Printing Office ; the largest establishment of 
its kind in the world; the Congressional Library, one of the most 
complete in the world, where must be deposited two copies of every 
copyrighted book or pamphlet and various bureaus of varied im- 
portance, such as the Bureau of American Republics, etc. 



Other 

Establish* 

mcnts 



UNITED STATES FEDERAL JUDICIARY 



89 



CHAPTER XXVI. 
United States Federal Judiciary 

The Judicial Department of the government consists of one Su- 
preme Court, nine Circuit Courts of Appeals, nine Circuit Courts Judicial 
and eighty-three District Courts. These judges are all appointed by Department 
the President by and with the consent of the Senate and may be re- 
moved only by impeachment. The judges of the Supreme Court 

receive $12,500 each, the Chief Justice receiving $500 additional; 
the Circuit Judges receive $7000 each and the District Judges $6000 
each. On reaching the age of 70 years they may be retired on full 
pay, provided they have served ten years. 

The jurisdiction of the Federal Courts may he considered in two 
groups, first as to the subject matter, involving: 1. Cases under the Con- Jurisdiction 
stitution, Laws and Treaties of the United States. 2. Affecting Ambassa- of Federal 
dors and other Public Ministers, and 3. Regarding cases in Admiralty; Courts 

and second as to the Parties. 1. Where the United States is a party. 2. Be- 
tween two or more States. 3. Between a State and citizens of another 
State. 4. Between citizens of different States. 5. , Between citizens claim- 
ing land under grants of different States, and 6. Between a State or citi- 
zens and a foreign States, citizens or subjects. 

The jurisdiction is also Original and Appellate; Original in cases af- 
fecting Ambassadors, other Public Ministers and Consuls, and those in which 
a State is a party, and the Appellate jurisdiction is now limited to three 
classes of cases: 1. Cases from District and Circuit Courts involving the 
constitutionality of a Federal or a State law (as to United States Constitu- 
tion), cases as to jurisdiction of the court, final prize causes and capital 
crimes. 2. Cases from the Circuit Court of Appeals involving over $1000, 
cases regarding citizenship, crime, admiralty, revenue and patents, of which 
the Circuit Court of Appeals has final jurisdiction. 3. All cases in State 
Courts where the decision has been against United States law or the United 
states Constitution. 

The Supreme Court has one term beginning the first Monday in Octo- 
ber and lasting until May, after which time the justices go "on the Circuit," 
each justice being a judge in each one of the nine judicial circuits. The Court 
has daily sessions in the capitol from 12 to 4 (except Sunday), Saturday 
being confined to consultation and Monday being "decision day". Six 
justices must be present before a decision can be rendered; each case is 
assigned to a justice for an opinion and after its delivery a vote is taken 
and if the majority approve it is the decision of the Court, though the 
minority may issue a "dissenting opinion". 

The Circuit Courts of Appeal were established in 1891 to re- Circuit Court 
lieve the congested condition of the Supreme Court docket. Each of Appeals 
of the nine courts consists of three judges, the Supreme Court judge 
of the circuit and two circuit or district judges or one of each. Any 
two may hold court. 

It has no original jurisdiction, its cases all coming from the Circuit 



90 



AMERICAN CIVICS HANDBOOK 



District 
Courts 



and District Courts, and has final jurisdiction in the classes of cases men- 
tioned above. A circuit embraces generally two or more States, embracing 
many districts. 

Two, three or four judges are appointed for each of the nine 
Circuit and Circuit Courts who may sit separately or together. The Circuit 
Courts now have only original jurisdiction (before 1891 they had 
appellate jurisdiction in cases from the District Courts). Cases of 
over $2000 and large criminal cases are tried in these courts, while 
all other cases are tried in the 83 District Courts. 

Each district (with three exceptions, Minnesota, South New 
York and North Ohio, each having two) is presided over by one 
District Judge. Generally the districts embrace a single state, but 
in some cases a state or territory is divided into two or three dis- 
tricts. 

The Supreme Court may order any case in a lower court to be 
brought up and the Circuit Court of Appeals may have any case cer- 
tified to the Supreme Court for decision on any special point of law. 

Besides these courts the United States has a system of courts 
in each Territory and in the District of Columbia, and there is also 
the Court of Claims in which the United States permits citizens and 
others to sue the United States and recover damages for claims 
which are annually certified to Congress which appropriates for 
judgments. The Court of Claims simply finds the facts and leaves 
it to Congress to make final decision as to the amount of liquidated 
damages to be awarded. The Court of Claims consists of five 
judges. 

In each judicial District (of a District Court) there is a United 
States District Attorney and a United States Marshall, who attend 
to prosecution and processes in all Federal Courts within the Dis- 
trict. 



Other 

Federal 

Courts 



PARTY GOVERNMENT 9 1 



CHAPTER XXVII. 
Party Government 

Notwithstanding the statement of Washington, "we must drive 
far away the demon of party spirit and local reproach," the fact re- 
mains that energetic and well organized political parties are neces- 
sary to the life and well being of a republic. The policies and su- 
pervision of local, state and national government are secured by the 
people through the medium of party organization. Men differ great- 
ly by education and in disposition, ranging from the natural con- 
servative who desires no chansre, to the extreme radical who wishes 
change, often only for the sake of variety. In addition to this dis 
positional difference of opinion other causes have contributed to the 
formation of political parties in our country, especially the construc- 
tion of the constitution and the promptings of local and selfish in- 
terests. 

Parties exert an influence, first, on the individual acting within p 
the party to direct the party towards certain policies and into the of Parties 
control of certain cliques and men, and, second, by the party as a 
whole to carry through to successful issue its enunciated policies 
by the election of candidates pledged to the principles. Political 
parties have three functions: I. The crystallization of public opin- 
ion. 2. The selection of candidates, through election of certain 
major candidates who appoint certain minor ones. 3. The gov- 
ernment of a canvass or campaign. 

Political parties are organized in elaborate machinery to crys- 
talize popular approval of party policies and have that approval ex- 
pressed at the polls by a large vote of those approving the measures 
in question. This organization in great parties extends from pre- 
cincts in wards of cities and in country townships to counties, states 
and the nation, and is generally supervised and controlled by either Machinery 
executive committees or nominating conventions, and usually by 
both. The committees are in perpetual existence, while the conven- 
tions are called only before an election, ceasing to exist as soon as 
the election is accomplished. The conventions prepare and adopt the 
party platforms, selects the candidates, appoint the committees to 
manage the party until the. next election and issue the call for the 
next convention. In the lesser conventions (county, etc.,) dele- 
gates to higher conventions (state and national) are selected, and 
thus in the parties themselves the principle of representative govern- 



92 



AMERICAN CIVICS HANDBOOK 



ment is perfectly carried out, insofar as the people are interested in 
the actions of the party concerned. 

As all offices in the United States are filled by election or ap 
p pointment, the selection of candidates for election is of the highest 

Nominations importance. In townships officers are usually selected in the annual 
town meeting, by votes of the members present, but in the modified 
township government, outside of New England, all candidates in 
wards and townships are selected in a "primary," either by ballot or 
in an open meeting of a "caucus" type. Party lines are usually net 
very closely drawn in these small local units. In cities each ward 
has one or more voting precincts, and a permanent committee which 
calls together ward caucuses or conventions for the selection of can- 
didates to larger conventions to represent the whole city. In some 
cities "primary elections" ire held (also in some country dis- 
tricts)?, where a miniature election is held within the party (under 
stringent state laws) -and candidates securing a majority (or plur- 
ality) of the votes are declared the party nominees. Where alder- 
men or councilmen are elected by districts or wards they are usually 
nominated in district or ward conventions. The "city committee" 
calls the city primary, or the city convention, composed of dele- 
gates elected from the wards or precincts, who theoretically select 
the candidates for city offices. County officers are usually selected 
in county conventions, called by county committees, composed of 
delegates from towns and cities within the county. All State of- 
ficials, except members of the state legislature and of certain courts, 
are selected in a state convention called by the State Central Com- 
mittee, composed usually of delegates chosen by the county conven- 
tions. State legislators are chosen in district conventions, the 
counties being very frequently the basis of apportionment. 

National Conventions date from 1840, and the National Convention is 
typical of all conventions. The National Convention is composed of dele- 
Convention gates selected usually by the State Convention, each State sending twice as 
National many delegates as it has Representatives in the National Senate and House 
of Representatives, making a total now of 966. As soon as the delegations 
arrive in the convention city (chosen previously by the National Com- 
mittee), each elects a member for the National Central Committee, from 
which is chosen an Executive Committee which conducts the campaign. 
The Chairman of the National Central Committee calls the Convention to 
order and a temporary Chairman is chosen who appoints a committee on 
credentials, which committee decides cases of contesting delegations from 
the same State. A Committee on Resolutions prepares a party platform 
containing the principles and proposed policies of the party and to which 
nominated candidates must subscribe. 

The next day the permanent Chairman is selected, the platform is 
then read, amended, and adopted and then there is an alphabetical roll call 
of the States. Each State proposes or seconds the nomination of a candidate 
for President. About ten names are usually proposed, the delegate present- 
ing the name extolling the candidate in a laudatory speech. Voting then 
commences, each delegate having one vote. In Kepublican conventions can- 
didates are nominated bv a majority vote while the Democrats require two- 
thirds. Sometimes candidates are nominated by acclamation (as Cleve- 
land in 1888) and again over fifty ballots are required. 



PARTY GOVERNMENT 93 



After the candidate for President has been selected the Vice Presi- 
dent is nominated, and after the appointment of a new National Committee 
to serve for the next four years, the Convention adjourns and the platform 
and candidates go before the people. Each candidate usually publishes a 
letter of acceptance after which the people are enthused to support the 
candidates by a vigorous campaign of four months with speeches, pro- 
cessions, meetings and literature. Presidential Electors are nominated in 
some States in State conventions and in others in District conventions, ex- 
cept the two representing the Senators who are nominated by the State con- 
vention. 

Members of Congress are nominated in District Conventions called by 
the Congressional District Committee. 

Party government is not only a necessity for the preservation 
of the republic but it has many benefits as well as some pronounced 
evils. The chief benefit is that party strife keeps the policies of the 
government under constant oversight, by causing the party out of an dEviU 
power to be on the constant watch for corruption or error in the of Parties 
party in power. The party in power tries to maintain the confidence 
of the people by rectitude and efficiency. This would be the opera- 
tion of party government were it not for certain abuses and dangers 
due to the lack of an intelligent and widespread interest on the parr 
of the people resulting in the creation of a class of professional pol- 
iticians who simply struggle for public office for sake of the sal- 
aries, and permitting certain individuals to secure control of the 
party organization by means of bribery, promise of office, blackmail 
and fraudulent devices. The great majority of politicians are hon- 
est but it would be much better if all honest men were politicians, at 
least during the time of election. 

There are several evils in party machinery due to weakness of 
human nature and many of these evils only exists at times and in a 
few places and are speedily eradicated by popular movements result- 
ing in reform legislation. The buying of votes and "repeating," 
( voting many times each election at different booths under different 
names), have been largely prevented by laws requiring all voters 
to be registered on lists, afterwards printed, at a stated time, and 
each voter is checked from the list as he votes; though this is some- 
times abused by the "swearing in" of voters who failed to register. 
Swearing in is now generally forbidden in large cities. 

Other checks are: i. Limiting the suffrage to men (except 
in Colorado, Wyoming, Utah and Idaho, in general, and most of 
the states in school elections) over 21 years of age and citizens of Checks 
the United States; (in twelve states foreigners who have "declared 
intentions" may vote) ; 2. six months or one year's residence in the 
state and one month in the precinct, and 3. in some states there are 
educational and property qualifications, and 4. in five states payment 
of a small tax is a requisite. 

In former times the great evils were "ballot box stuffing" (by- 
means of tissue ballots) and false ballots improperlv printed, or ran- 



94 AMERICAN CIVICS HANDBOOK 

tilated by the use of "pasters," and also the intimidation of electors 
by crowds of hoodlums stationed near the voting booth. 

These evils are almost elminated by the Australian Ballot Law, 
as modified in this country. All voters are registered and can only 
Jmh; L ian vote * n ^ e P recmct m which they live, at the election booth. All 
names of candidates appear on one ticket, those of each party being 
grouped in the same column. The voter presents himself at the 
booth, and if found registered, receives an official ballot which he 
takes into a booth curtained off from the rest of the room. There in 
secret he marks the ballot. He presents the ballot to the inspector 
who tears off the number and publicly drops the ballot in the box 
announcing the name of the voter, which name is recorded by the 
clerk. Each party is allowed a number of challengers but no elec- 
tioneering is permitted within a certain distance of the polls. The 
ballots are printed by and furnished by the state and sent to a State 
canvassing board, after being counted by the local canvassing board. 
The local board issues certificates of election to the successful can- 
didate. 



STATE GOVERNMENT 95 



CHAPTER XXVIII. 

State Government 

The governments of the various states of the union have been 
formed in two ways : those evolved from the charter governments 
of the thirteen colonies, and those formed by the admission to the 
union of territories. Eleven of the colonies adopted constitutions Formation 
after independence was secured, and later Rhode Island and Con- of State 
necticut changed their liberal charters to written constitutions. This Governments 
form of government became the model for later forms, so that the 
regular procedure for the admission of a territory as a state is based 
upon the adoption by the state of the constitution, either after the 
passage by Congress of an "enabling act" permitting a constitution- 
al convention to be called by the territorial governor, or by the elec- 
tion of a convention and adoption of a constitution before applica- 
tion to Congress for admission. 

The constitution must be in harmony with the constitution of 
the United States and not repugnant to federal laws, and approved 
by Congress before it can be presented to the people for ratification ; 
at the same time with the vote for ratification the new state officers 
are elected, and when the governor certifies the fact of ratification 
to the President, the latter issues his ratification proclamation de- 
claring the territory a member of the Union, which also makes valid 
the election of state officers and the new state government is in full 
operation. 

Thus the basis of all our state governments is a written consti- 
tution, in which the three departments, Legislative, Executive and 
Judicial are usually kept distinct, with a single executive, a bi-cam- 
eral legislature, and generally an elective judiciary chosen for a long 
term of years. 

State Constitutions are frequently changed, and seven States require 
that they be changed at intervals from 7 to 20 years, though Massachusetts, 
New Hampshire and Vermont still have their 18th Century Constitutions. St 

State Constitutions and State laws, in general, are very similar, differing /-> £ f > 
most largely as to the term, salary and veto of the Executive and as to the ^ 0QSUtutl0QS 
term, sessions, powers and salaries of the Legislature. All but six States 
have biennial sessions of the Legislature, and in all but two the Governor 
has the veto. Both Houses of the Legislature are usually chosen by pop- 
ular vote, though in Illinois there is "proportional representation" by means 
of the cumulative vote, by which in each Senatorial District three represen- 
tatives are elected and each voter may vote one vote for each, one and one- 
half votes for two or three votes for one. 

The procedure of the Federal Congress in legislation is carefully fol- 
lowed. The "referendum", (whereby voters may instruct Legislators as to 



96 AMERICAN CIVICS HANDBOOK 

the necessity of passing a certain measure, by a vote at the polls), and the 
"initiative" (whereby voters may initiate legislation which becomes com- 
pulsory upon the Legislature, if carried by direct vote of the people), are 
carried out somewhat, especially as to Constitutional Amendments. 

The Executive usually consists of a Governor, Lieutenant Governor, 
Secretary of State, (the Chief Clerk of the State), and a Comptroller, (audit- 
ing officer) and a Treasurer, (fiduciary officer). There are also generally 
an Attorney General, a Commissioner or Superintendent of Education, etc., 
as well as numerous Commissioners and Boards in charge of the State in- 
stitutions. 

The judicial system is usually a pyramid with a single Supreme Court 
(or Court of Appeals) at the top, Circuit or Superior Courts below, Coun- 
ty Courts next, and at the bottom the Justices of the Peace and the city 
criminal and civil courts. All States have usually three kinds of juries. 
1. Grand, (12 to 23 men), investigating secretly crime and matters of State 
Government. 2. The Petit (or ordinary) jury, (12 men) and 3. The Police 
jury of six men. In criminal cases a unanimous vote is necessary for con- 
viction but in eight states a unanimous vote is not necessary for favorable 
decision in civil causes. In general the State Governments closely copy 
the form of the National Government. 

While the Federal Government secures its revenue largely from 
indirect taxation, the states derive revenue wholly from direct taxes 
on real and personal property. The executive sends a budget of 
probable income needed to the legislature, which apportions this sum 
among the counties (except in New England, there among the 
State townships), in proportion to the value of property within the co ■Hi- 
des, or establishes a certain percentage tax on all property. This 
levy is similarly apportioned by the county supervisors among the 
cities and townships of each county. Thus when the city or town- 
ship assessors and collectors assess and collect taxes locally, they 
collect at the same time the state, county and city or township tax ; 
retaining the last they turn over the balance to the county qft'cials, 
who in turn hand the state tax to the state officers, retaining the 
county dues. The total revenue of all the states is barely one-third 
that of the national government. 



Revenues 



LOCAL GOVERNMENT 9/ 



CHAPTLR XXIX. 
Local Government 



Every American is under three distinct and yet harmonious 
governments : Federal, State and Local. The Local government con- Harmonious 
sists of the County and City (village, borough or town). The local Governments 
government has special charge of education, police, sanitation, char- 
ity, roads, (local) justice and the collection of all direct taxes, feder- 
al, state and local. There are three types of local government: I. 
The New England, with the town as the unit (usually about 50 or New 
more square miles, with a population of 3000 or less). This is almost En 8 land 
a pure democracy, with the annual town meeting, presided over by a 
moderator, when reports of officers are made, and taxes are deter- 
mined and raised. The officers of the New England town are usual- 
ly' ( 3' 5> 7 or 9) selectmen, town-clerk, treasurer, assessor, collec- 
tor of taxes and constable. 

2. The Southern type with the county as the unit, governed 
usually by a Board of (3) Commissioners, elected by ballot by the Southefn 
people of the entire county, and the government is therefore repre- 
sentative. The county wherever found is usually a judicial district, 

with the Sheriff the officer to execute all decrees. Other officers are 
the Treasurer, Assessor, Road Commissioners, etc. 

3. The Western type, a combination of the New England and 
the Southern type, where the town government is almost wholly for 
school purposes and for the care of funds raised originally for school 
purposes. 

In 'llmois there are 10 counties without township organization, 
all others having the counties divided into townships. It has been 
found that the township system is more expensive but brings the 
government near the people and divides the execution of public 
duty among a greater number of officers, and thus educates a train- 
ed body of public servants. 

Cities have grown very rapidly under each of the three forms 
of local government. In 1790 there were but 13 cities in the United 
States over 5000 inhabitants and none over 40,000. In 1900 there 
were over 500 cities over 5000 in population, and 28 over 100,000. 
In 1790 3 per cent of our population lived in cities of over 8000 in- 
habitants. In 1000 25 per cent lived in cities over 8000 population. 
illages usually grow up in towns and counties and out of 
these cities are formed by the people petitioning the legislature for 



Interior 



Cities 



9 8 



AMERICAN CIVICS HANDBOOK 



10. 
13- 



a city charter. The functions of a city government are many and 
are very rapidly increasing. Some of them are : i . Collection of 
taxes. 2. Schools. 3. Justice. 4. Police. 5. Fire protection , 
6. Streets. 7. Sewerage. 8. Water supply. 9. Public Parks. 

Prisons, it. Regulation of liquor traffic. 12. Streetcars. 

Building regulation. 14. Charities. 

The Executive of a city is usually a mayor, elected for one year 
(or more), with power to veto ordinances passed by the Council, but 
City Officers the council may pass an ordinance over the veto by a two-third vote. 
There are also elected with the Mayor, a Treasurer, a Collector, a 
Chief of Police (often appointed), and also a Legislative Body 
called the Council consisting of two houses (in some states, in others 
of only one), the Aldermen and the Common Council. The Judges 
are usually elected for long terms. Election of aldermen and coun- 
cilmen is usually made in wards and precincts and thus each mem- 
ber of the Council represents an integral part of the city. The great 
weakness of American government lies in the maladministration of 
cities. It should be remembered that the administrative duties of a 
city are almost purely of a non-political and a business character. 
Every citizen should be as absolutely free from party bias in voting 
for the officers of a city government as he is in voting for the of- 
ficials to govern his insurance, banking or church. The best man 
for the office should be the sole criterion. In considering elections 
in larger areas than cities party affiliations should be discriminately 
retained, but in city government each citizen should consider the 
character and business qualification of the candidates solely. City 
governments were originally modeled after the national government 
and carefully divided into non-interfering and frequently irresponsi- 
ble legislative, executive and judicial departments, resulting in irre- 
sponsibility and consequent corruption. 

The present tendency is to concentrate power in the hands of 
a few, especially in the hands of the mayor, and hold the few or the 
mayor exclusively and specially responsible. This ideal has been 
perfected in Germany where cities are ruled by a Burgomaster, a 
specialist in municipal government, with a body of trained experts 
as his assistants. He is paid a good salary and is frequently trans- 
ferred from one city to another, as the heads of business corpora- 
tions are in this country. The business character of city administra- 
tion in America will be appreciated when it is known that in 1898 
Greater New York City spent $98,000,000 ; in 1899 New York spent 
$20,000,000 more than London, $18,000,000 more than Paris, and 
only $1,000,000 less than the combined expenses of Chicago, Phila- 
delphia and Boston. Philadelphia's expenses in 1899 were $27.76 
per capita; in 1800 they were S0.97 per capita. 

The fundamental law of a city is called its Charter. Charters 
are grained in the United States in three ways: 1. The Legisla- 



"Weakness 

in 

Municipal 

Government 



LOCAL GOVERNMENT 



99 



ture divides cities into classes dependent upon population, and the 
character of the charter depends (under the General Charter Act) 
upon the population of the city. 

2. A few states still grant charters by special act, after petition 
by the people, upon which petition a bill is presented which, if passed 
becomes a special charter Act. 

3. In four states (Missouri, California, Minnesota and Wash- 
ington), cities are permitted to elect charter committees, which 
frame suitable charters. If this charter is approved by a vote of the 
people it is ratified by the Legislature and is then in force. 

In Illinois prior to 1870 the Legislature granted special char- 
teers, on petition. In 1870 such special charters or the amendment 
of those already granted were prohibited, and now all cities in Illi- 
nois are incorporated under a general law and all under this law are 



governed in the same manner. 



Under this law the city government in Illinois is as follows : 
The City Council consists of the Mayor and Aldermen. The Mayor 
is the presiding officer and has no vote except in case of a tie. The 
Aldermen are from 6 to 48 in number according to the population of 
the city and are elected for two years. Cities are divided into half 
as many wards as there are aldermen, one alderman being elected 
on the 3rd Tuesday in April in each ward; (each ward being repre- 
sented by two aldermen, elected for two years, one each year). The 
general law defines 96 different powers of city councils, the most 
important being : 1 . Passing ordinances for city government ; no 
fine can exceed $200 and no imprisonment over 6 months. 2. Pro- 
hibiting animals at large. 3. Levy and collect taxes. 4. Con- 
firm all appointees of mayor. Aldermen and mayor receive an 
amount fixed by the council and that of alderman must not exceed 
$3 for each meeting. In Chicago aldermen receive $1,500. The 
Mayor, City Clerk, City Treasurer and City Assessor and Collec- 
tor are elected for two years. In cities over 5000 in population there 
may be a city court and a police magistrate, and in that case the 
judge holds office for four years. 

Villages are governed by a board of trustees, six in number, 
elected for one year. The President of the Board corresponds very 
much to the mayor of the city. 



How 
Charters 

arc 
Granted 



Illinois 

City 

Government 



Indians 



IOO AMERICAN CIVICS HANDBOOK 

CHAPTER XXX. 
A Brief History of Illinois 

Illinois is named from the Illinois Indians, (Illini, meaning 
"real men"), a confederacy of the Peorias, Kaskaskias, Cahokias, 
Tamaroas, and Mitchigamies, belonging to the Algonquin family, 
friendly to the French and occupying most of Illinois, and parts of 
Wisconsin, Iowa and Missouri. The Illinois were almost extermin- 
ated by the Iroquois and in 1769, the small remnant was imprisoned 
on "Starved Rock" by the Pottawottomies and all but one died from 
thirst and starvation. 

About fifty years after the landing of the Pilgrims the French 
Joliet entered Illinois. In 1673 Joliet, the fur trader, and Marquette, the 
Jesuit, floated down the Mississippi, by way of the Great Lakes, 
and the Wisconsin, returning from the mouth of the Arkansas up 
the Illinois River to the present site of Ottawa, thence to Lake Mich- 
igan, to St. Ignace, the starting point. 

In 1674 Marquette returned to establish a mission at Kaskas- 
kia, (on the Illinois, not the later Kaskaskia), but his failing health 
and eventful death disturbed the project. In 1679, Robert Cavelier, 
Marquette Knt. of La Salle, with Tonti, entered the state from the East by way 
of the Kankakee River. Floating thence into the Illinois La Salle 
built a fort called Crevecoeur below Peoria, leaving Tonti in com- 
mand of it, while he returned to Fort Frontenac for supplies. In La 
Salle's absence, through insubordination and hostile Iroquois, Tonti 
was driven from the fort and barely escaped to Mackinac with his 
La Salle life. When La Salle returned and found all desolate he formed a 
league of the western tribes, and colonized them in Fort St. Louis 
(Starved Rock), returning again to Canada for supplies. 

On his third trip he descended the Illinois to the Mississippi and 
then to the Gulf taking possession of the country in the name of 
France, (1682). La Salle went to France for help and was killed 
by one of his own men on his return. 

The mission established by Marquette was moved in 1695 to 
Kaskaskia near the junction of the Kaskaskia River and the Mississippi, near 
the new site chosen by the Indians for their village. A few years 
later (about 1700) a mission was established at Cahokia, four miles 
below St. Louis, which eventually became for a while the county 
seat of St. Clair county, being destroyed by floods in 1844. In 1723 
Kaskaskia became an incorporated town. 

In 1 71 8 the strongest and most pretentious fort in the new 



1787 



A BRIEF HISTORY OF ILLINOIS IOI 

world was built at Fort Chartres (made of stone in 1750), half way 
between Kaskaskia and Cahokia; formally delivered to the English 
in 1765, and partially destroyed by flood and abandoned in 1772, the 
British transferring the post to Fort Gage, opposite Kaskaskia. 

In June, 1778, under a commission from Patrick Henry, Gov- 
ernor of Virginia, Col. George Rogers Clark started from Kentucky ifofJJJ 
with about 150 volunteers, to capture Fort Gage and Kaskaskia, Clark 
which were surprised and captured July 4, 1778, without bloodshed. 
After Clark had made a treaty of friendship with the Indians at 
Cahokia, he marched successfully against Fort Vincennes, on the 
Wabash, and the whole Northwest Territory, named the Territory 
of Illinois; passed into possession of the State of Virginia. 

Under the Ordinance of 1787, Governor St. Clair organized a 
local government at Kaskaskia, in 1791, and St. Clair Co. with 
Cahokia as county seat, was the first organized county within the 
present limits of the state. The Territory of Illinois was organized 
in 1809 and Ninian Edwards was appointed the first governor. 

When Illinois applied for admission Congress passed an enab- 
ling act reducing the requirement of a population of 60,000 (under 
ordinance of 1787) to 40,000, and in the bill admitting the state it 
was provided that three-fifths of the 5 per cent fund from sale of 
public lands should be devoted to the encouragement of education, 
one-sixth of this sum to be devoted to a university or college ; and 
that the northern boundary should be extended to the parallel of 42 
degree 39 longtitude (51 miles north of northern boundary of ordi- 
nance of 1787). 

In July, 1 81 8 33 delegates met at Kaskaskia to draft a state 1818 
constitution and adjourned August 26. On December 3, 181 8, Illi- 
nois became the eighth state added to the original thirteen. A new 
constitution was adopted in 1848 and a third in 1870 (which latter 
was adopted in a convention containing the ablest men ever gathered 
in Illinois). 

Slavery was prevented through the efforts of Governor E iward Capitals 
Coles, an anti-slavery Virginian, in 1822. The first capital was at 
Kaskaskia, in 1809, and the second at Vandalia, in 182^ where 
three capitols were successively built in 1820, 1823 and 183^. In 
1837 the government was transferred to Springfield whe r c a new 
state house was built, to give way in 1868 to the present magrificent 
capitol, costing $4,260,000. 

In 1838-39 the Mormons settled in HancocK county, building 
the city of Nauvoo but on account of disobedience to state law they 
were driven from the state iri 1844, Joseph Smith and his brother 
being killed by a mob. 

Illinois furnished six regiments to the Mexican War, and 214,- 
133 soldiers for the Great Civil War, ranking next to New York, 



War 
Record 



102 AMERICAN CIVICS HANDBOOK 

Pennsylvania and Ohio in number of men furnished and to Kansas 
in number in proportion to population. She furnished many of the 
greatest leaders of the war : Lincoln, Grant, Hovey, Logan, McLer- 
nand, Oglesby, Palmer, Rawlins, Pope and many others. 



ILLINOIS STATE GOVERNMENT IO3 

CHAPTER XXXI. 

Illinois State Government 

By the Constitution of 1870 Illinois is governed in three de- 
partments, Legislative, Executive and Judicial. The Legislative De- Constitution 
partment is vested in the General Assembly of two houses, the Sen- of 1870 
ate and the House ; the General Assembly elects United States Sen- 
ators and meets (biennially) on the Wednesday after the first Mon- 
day in January of odd numbered years, in the state capitol at 
Springfield. 

Every ten years the Assembly divides the state in fifty-one Sen- 
a torial districts, from each of which a senator and three representa- 
tives are elected, on the Tuesday next after the first Monday of No- 
vember of even numbered years ; at every election all the members of 
the lower house are elected and half the members of the Senate, the 
senators from even numbered districts being chosen at one election 
and those from the odd numbered at the next. 

For the three members of the lower House in each district 
every voter has the right to vote for the three men, giving each one 
vote ; for two men, giving to each one and one-half votes ; or for one Legislative 
man giving him three votes. The members of the lower house are 
elected for two years and of the Senate for four ; Senators must be 
twenty-five and members twenty-one years of age; both must be 
citizens of the United States and residents of Illinois for five years 
and of their districts two years preceding their election. Members 
receive $2,000 for each regular session, and $5 a day for each 
special session, and ten cents for each mile of necessary travel in 
going to and returning from Springfield, and $50 per session for 
stationery, etc. 

A majority is a quorum to do business and each House deter- 
mines its own rules and qualifications and chooses its own officers. 
The officers of the house are: Speaker, Clerk and three assistants; 
Doorkeepers and three assistants. Postmaster and one assistant, En- 
rolling and engrossing clerk and two assistants. The officers of the 
Senate are: President, (Lieutenant Governor), President Pro Tern., 
Secretary and two assistants. Postmaster and one assistant, and Ser- 
geant at arms. There are about forty-five standing committees of 
the House and about thirty-five in the Senate. 

Legislation is carried on very much as in the United States 
Congress except that the constitution provides that no act can em- 
brace more than one subject and that must be expressed in its title. 



104 AMERICAN CIVICS HANDBOOK 

and no law can be revived or amended by reference to its title only. 
Laws take effect the first of July following passage except in case of 
emergency, which must be stated in some part of the act and must 
receive a two-third vote of all members elected. The law regarding 
veto, "passing over veto," and "pocket veto" are practically the same 
as with the United States President and Congress. The Assembly 
is forbidden to pass any "special law," nor change county seats, nor 
grant "special charters," nor regulate the rate of interest by special 
law, nor pass any private appropriation bill, nor can the State con- 
tract debts in excess of $250,000 without the vote of the people ex- 
cept in war emergency, nor become responsible for the debts of any 
person or corporation, nor can the Assembly award extra pay. 

The Executive Department consists of a Governor, Lieutenant 
Governor, Secretary of State, • Auditor, Treasurer, Superintendent 
of Public Instruction and Attorney General, each holding office for 
Executive ^ our y ears > except the Treasurer whose term is two years and he 
cannot hold the office two terms in succession. On the Tuesday 
after the first Monday in the November of the Presidential election 
an election is held for Governor, Lieutenant Governor, Secretary of 
State, Auditor, Treasurer and Attorney General. On the Tuesday 
next after the first Monday in November two years after the elec- 
tion of Governor, the Treasurer and Superintendent of Public In- 
struction are elected. 

To be Governor or Lieutenant Governor a person must be over 
thirty years of age and must have been a citizen of the United States 
and of Illinois for the five years previous to election. The Governor- 
has the usual executive powers : sending messages to the Assembly ; 
calling extra sessions; appointing certain officials by and with the 
consent of the Senate ; the veto ; pardon, commutation and reprieve 
and he is commander of the militia. His salary is $6000 and he has 
the use of the Executive Mansion. 

The Lieutenant Governor succeeds the governor in case of 
death or disability, is president of the Senate, with no vote except 
in case of a tie, and his salary is $1000. The Secretary of State is 
custodian of state property at the capital, keeps on file all public Acts 
and laws, keeps and affixes the Great Seal, calls the House of Rep- 
resentatives to order and presides until a speaker is elected, issues 
charters to corporations and generally supervises elections, furnish- 
ing and having printed the official ballots. His salary is $3500 and 
his bond Si 00,000. 

The Auditor is the state bookkeeper and accounting officer ; he 
also with the help of the governor and treasurer fixes the rate of tax- 
ation, the amount to be raised being fixed by the Assembly. His 
salary is $3500 and his bond $50,000. The Treasurer keeps public 
monies receiving and disbursing only on order of the Auditor. His 
salary is $3500 and his bond $500,000. The Superintendent of Pub- 



ILLINOIS STATE GOVERNMENT IO5 

lie Instruction has charge of the schools and the Attorney General 
is the lawyer of the state, each receiving $3500 a year, the bond of 
the Attorney General being $5000 and that of the Superintendent 
being $25000. 

Eesides these elective officers there are forty-five regular State Boards 
and Commissions which assist in executive management, nine of which are «? 5 
composed of state officials, and thus called "ex-officio," of which the State Can- Boards 
vassing Board, for passing on election returns, is the most im- ~ an , . 
portant; the other thirty-four are as follows: 1. Agriculture, one membe from ^ ommisslons 
each Congressional District. II. Canal Commissioners, three members for 
two years. III. Charities, five for five years, who must visit at least twice 
a year all charitable and penal institutions. IV. Claims, three for four 
years. V. Dental Examiners, five members for five years. VI. Equaliza- 
tion, one from each Congressional District and the State Auditor; meets 
once a year at Springfield, second Tuesday in August; equalizes the taxes 
of the different counties. VII. Fish Commissioners, three for three years. 
VIII. Health, seven for seven years; this board licenses to practice medi- 
cine. IX. Horticulture, elected by the horticultural societies (three of the 
state). X. Inspectors of Coal Mines, five for one year, $1800 a year each. 
XI. Labor Statistics, five members. XII. Live Stock Commissioners, three 
for three years. XIII. Pharmacy, three members, $3500 each. XIV. Illinois 
Farmers' Institute; one member from each congressional district. XV. Rail- 
road and Warehouse Commission, three for two years. XVI. State Board 
of Arbitration, for settling disputes between Capital and Labor, three for 
three years. XVII. State Mining Board, five for two years. XVIII. Inspectors of 
Factories, two for four years, with seventeen assistants. XIX. Inspectors of 
Grain, six for two years. XX. State Board of Examiners of Architects, five 
for four years. XXI. Lincoln Park Commissioners, seven for five years. 
West Chicago Park Commissioners, seven for five years. XXIII. 
State Board 01 Education, (trustees of State Normal University) fifteen for 
six years. XXIV. State Board of Pardons, three for three years. XXV. 
State Food Commissioner, with one assistant and two analysts. XXVI. 
State Game Commissioner. XXVII. State Agents to Enforce the Law in 
Relation to Cruelty to Animals, four for two years. XXVIII. State Archi- 
tect, four years. XXIX. State Entomologist. XXX. Illinois Free Employ- 
ment Offices, four for two years. XXXI. Board of Voting Machine Commis- 
sioners, two for four years. XXXII. State Civil Service Commission, three 
for six years. XXXIII. State Geological Commission, one for four years. 
XXXIV. State Highway Commission, three for two years. 

No. VI is elected at a general election, I by the county 
agricultural societies, and IX by the three state Horticultural 
Societies; all the others are nominated by the Governor and con- 
firmed by the Senate, except that V and X do not need confirmation by the 
Senate. Besides these Boards there are many special boards that have 
charge of certain institutions. 

The State educational institutions are: The University of Illinois, at 
Urbana, controlled by a Board of Education of twelve, nine being elected 
for six years, and the others being the Governor, State Superintendent and 
the President of the State Board of Agriculture; Normal University at 
Normal, a board of fifteen, fourteen appointed by Governor, the State Super- 
intendent being ex-ofilcio of all educational boards; Southern Normal at 
Carbondale, board of six. Eastern Normal at Charleston, board of six. 
Northern Normal, at DeKalb, and the Western Normal at Macomb. 
Illinois State Historical Society, three for two years. State 

Charitable Institutions are: Seven Hospitals for the insane 
(at Jacksonville, Kankakee, Elgin, Anna, Watertown, Peoria, and Chester); 
Institution for the Deaf and Dumb (Jacksonville); Institutions for the Blind 
(Chicago and Jacksonville); Feeble Minded Children (Lincoln); Eye and Ear 
Infirmary (Chicago); Soldiers' Orphans' Home (Normal): Soldiers' and 



106 AMERICAN CIVICS HANDBOOK 

Sailors' Home (Quincy) ; Home for Soldiers' Widows (Wilmington). Each 
of these is controlled by a board of three for six years, with no pay. 

The Penal Institutions are: Two penitentiaries, one at Joliet and the 
other at Chester; State Refofrmatory at Pontiac and the Home for Delin- 
quent Eoys at St. Charles, and State Home for Juvenile Female Offenders 
at Geneva. Each peniteentiary is governed by three Com- 
missioners ($1500 each) who elect a warden and make monthly inspection; 
term six years; the reform school is under a board of five for ten years 
without pay. 

The Judicial Power is vested in a supreme court, four appel- 
late courts and eighteen circuit courts, courts of Cook county, 
countv courts, probate courts, justices of the peace and police courts. 
The Supreme Court consists of seven justices, for nine years, 
elected from each district, salary $5000. A decision must be sane- 
Judicial tioned by four judges. 

The court meets in the capitol at Springfield and there is a 
clerk elected for a term of six years. This court has original juris- 
diction in cases relating to State revenues and in mandamus and 
habeas corpus cases; it has appellate jurisdiction in all criminal 
cases and in civil cases amounting to more than $1000. 

The four Appellate courts are held respectively in Chicago, Ot- 
tawa, Springfield and Mt. Vernon. The Appellate judges are se- 
lected by the Supreme Court from among the circuit judges and 
have only appellate jurisdiction and in civil cases only, which is final 
as to cases involving less than $1000. 

All the counties but Cook are arranged in 17 districts called cir- 
cuits. Cook county constitutes a circuit by itself. Three judges 
are elected in every circuit every six years, two of these holding cir- 
cuit courts and the third acting as appellate judge. Cook county 
now elects 14 circuit judges, each receiving $7000; all other circuit 
judges receive $3500. 

The circuit courts have original jurisdiction in all criminal 
cases and in civil cases between citizens of the state. Masters in 
Chancery relieve these courts of much of their business. In the Su- 
preme and Appellate Courts there is no jury ; there is a Grand Jury 
of 23 in the Circuit Courts. In counties having over 70,000 inhabi- 
tants a separate probate judge is elected. There are separate pro- 
bate judges in Cook, Peoria, Kane, Sangamon, St. Clair, Will and 
La Salle counties. 

The state is divided into 102 counties, all but 19 of which are 
governed by a board of supervisors, one elected from each town- 
ship, who through committees, publish a financial statement each 
year, prosecute all who wrong the county, fix salaries of county of- 
ficers and pay them, levy taxes, select grand jurors and prepare a 
list of petit jurors. 

The county executive in addition to the supervisors consists of 
Sheriff, County Clerk, Treasurer, Recorder, Superintendent of 



ILLINOIS STATE GOVERNMENT 107 

Schools and Surveyor. The Judiciary of: County Judge, (Probate 
Judge), State's Attorney and Coroner. 

In a town the voters meet as a legislature the first Tuesday in 
April, elect officers at 9 :oo a. m. and hold the town meeting in the 
afternoon. The officers are the following : Supervisor, Clerk, As- 
sessor, Collector, three Highway Commissioners, five Justices of 
the Peace, for four years, five Constables. The Justices have jur- 
isdiction in all cases punishable by a fine not to exceed $100. 



J08 AMERICAN CIVICS HANDBOOK 

CHAPTER XXXII. 

The Administration of Washington 
1789-1797 

Memorable Events. 
Organization of the Government. 
The First Cabinet. 

Early Legislation ; Revenue and Protection. 
The Accession of North Carolina and Rhode Island. 
The First Ten Amendments. 

Funding the Confederate Debt ; Domestic and Foreign. 
Assumption of the State Debts. 
The Compromise; The Capital located. 
The First United States Bank and Mint. 
American Neutrality. 
The Jay Treaty. 

The Miami Wars ; Harmar and St. Clair. 
Anthony Wayne Pacifies the West. 
Admission of Vermont, Kentucky and Tennessee. 
The Genet Episode. 
The Eleventh Amendment. 
The Whiskey Insurrection. 
Trouble in the Cabinet and Formation of Parties. 

SUMMARY. 

1789-93. Washington's First Term. 

1789. July 27 Department of State established, (called Department of 
Foreign Affairs). August 7, Department of War established. September 2, 
Treasury Department established. November 21, North Carolina ratifies the 
Constitution. 

1790. First Census; population 3,929,219. February, First Term of 
Supreme Court March 26. Passage of first naturalization bill. May 29, 
Rhode Island ratifies Constitution. Indian War in Ohio. July 16, Permanent 
seat of Government established in Washington, (to be ten years in Phila- 
delphia). 

1791 February 25, Bank of United States incorporated. March 4, 
Vermont admitted to Union. November 4, St. Clair defeated by Indians, 
(also, Harmar in 1790). December 15, First ten amendments ratified. 

1792, February 20, First permanent act to organize Post Office De- 
partment, (organized before under temporary acts). April 2, United States 
mint established and Federal system of money provided. June 1, Kentucky 
admitted to Union. Political parties first formed. 

1793. The cotton gin invented by Whitney. Genet's mission from 
France. 

1793-1797. Washington's Second Term. March 4, Washington and 



THE ADMINISTRATION OF WASHINGTON 1 789- 1 797 109 

Adams inaugurated. April 22, Washington issues proclamation of neutrality. 

1794. Whiskey Insurrection. August, General Wayne defeats Indians 
on the Miami in Ohio. Trouble with England. 

1795. Jay's Treaty. October 27, Treaty with Spain opening the Mis- 
sissippi. 

1796. Tennessee admitted June 1. Washington's farewell address. 

I Congress. No party. F. A. Muhlenberg, speaker. 

II Congress. Federal. J. Trumbull, speaker. 

III Congress. Federal. Muhlenberg, speaker. 

iV congress. Republican. Jonathan Dayton, speaker. 

POLITICAL HISTORY AND PUBLIC POLICY. 

The electoral votes were as follows: 1789, Washington, 69; 
Adams, 34; scattering, 35; vacant, 8; total, 146. 
(Each elector voted for two persons without designating his 
preference for president). 1792, Federal, 209; (Washington, 132; 
Adams, yj) ; Democratic-Republican, 55; (Geo. Clinton, 50; Jef- 
ferson, 4; Burr, 1) ; scattering, 5; vacant, 6; Total, 270. 

Frederick A. Muhlenberg, of Pennsylvania, was chosen Speak- 
er of the House, but the vote had no party divisions. Washington 
selected his cabinet with a careful regard for the opposite opinions 
of his supporters. The Treasury went f o Alexander Hamilton ; 
War to Henry Knox, of Massachusetts, and State to Jefferson, of 
Virginia. Edmund Randolph, of Virginia, was chosen Attorney- 
General, and John Jay, Chief Justice. These five men, with Vice 
President Adams, constituted Washington's cabinet. The most im- 
portant work of the First Session of the First Congress was the 
Regulation of Commerce and the adoption of a Tariff. July 4, 1790, 
the first Tariff Act was passed, which provided among other things 
"for the encouragement and protection of manufactures." 

On January 9, (the 5th day of the session) Hamilton offered 
his famous "Report on the Settlement of the Public Debt", consist- 
ing of three recommendations, the first of which was unanimously 
adopted, and the other two after reconsideration and debate by a 
close vote. 1. That the foreign debt of the Confederacy should 
be assumed and paid in full. 2. That the domestic debt of the 
Confederacy, which was worthless, should also be paid, at par. 3. 
That the debts incurred by the States during the Revolution, and 
still unpaid, should be assumed and paid by the Federal Govern- 
ment ($18,271,786). Total obligation assumed, $75,500,000, 
which was funded in 6 per cent bonds, which in three years rose to 
par. The third recommendation was only carried after a compro- 
mise in which two Virginia members voted for the recommendation, 
thus giving the necessary majority, while the Northern votes car- 
ried a measure by which the seat of Government was located at 
Philadelphia for ten years, and to be located on the Potomac per- 
manently after 1800. The chief measure of the Second Session 
was the establishment of a National Bank, chartered for 20 years 



HO AMERICAN CIVICS HANDBOOK 

(1791-1811) with a capital of $10,000,000, of which the Govern- 
ment subscribed one-fifth, and the bills of the bank were redeemable 
in coin and receivable for all Federal public dues. The other im- 
portant matter was the passage of the unpopular excise law. The 
mint was established by an act of this session. Jonathan Trum- 
bull was chosen Speaker of the Second Congress. The army and 
the tariff were both increased by Federal legislation. This Con- 
gress passed an apportionment bill (under the Census of 1790) by 
which the representatives were increased to 105. 

Party organization commenced during the close of the first 
session of this Congress. The Anti-Federalists were undoubtedly 
in the majority in 1789, at the outbreak of the French Revolution, 
but were disorganized, until the enthusiasm of the followers of the 
French Revolution crystallized, around Jefferson, the Demo- 
cratic-Republican Party which was arrayed in 1792 under 
George Clinton against the Federalist nominee, John Adams, 
for Vice-President, Washington again being the unanimous choice 
of the country as President. 

Washington's second term was consumed largely in dealing 
with France and England and with the troubles in Pennsylvania, 
called the Whiskey Insurrection. France was now a republic and 
in April, 1793, had declared war against England and Holland and 
expected help from her former ally. In 1793 the French govern- 
ment sent a minister, Genet, to fit out privateers in American ports 
against British commerce. Previous to his coming Washington had 
proclaimed neutrality; and finally Washington firmly prevented 
Genet from carrying out his purpose. Genet became troublesome 
and insolent through the year and was finally recalled on Washing- 
ton's request. Genet's insolence to Washington had been encour- 
aged by the Democratic Clubs. The first session of the Third Con- 
gress approved Washington's course, though there was increased 
hostility to England, and Muhlenberg was elected Speaker. 

To prevent further friction with England, Washington sent 
Jay to London to negotiate a treaty. Before the adjournment of 
Congress the XI Amendment was adopted. Before the second 
session of Congress the Whiskey Insurrection in Western Pennsyl- 
vania and Virginia was put down, and strengthened Federalism 
and caused the downfall of the Democratic Clubs, to which Wash- 
ington attributed the insurrection. The overthrow of Robespierre 
had much to do with it also. At the second session Jay's treaty 
was made public with its unpopular and unfortunate provisions. A 
storm of indignation resulted; Washington even being called "the 
Step-Father of his country". Jonathan Dayton was chosen Speak- 
of the IV Congress, which did little but debate the Jay treaty and 
vilify the Federalists. The storm of this time caused Washington 
to emit September 17, 1796, his famous Farewell Address. 



THE ADMINISTRATION OF WASHINGTON, I789-I797 III 

In the election following the Federalists carried the North and the 
Republicans the South, except Maryland, and there was a slight 
Federalist majority. Adams, the Federalist, was elected President 
and Jefferson, the Republican, Vice-President. 



112 AMERICAN CIVICS HANDBOOK 

CHAPTER XXXIII. 

Administration of John Adams, 
1797-1801 

Memorable Events. 
The X, Y, Z Affair ; Quasi War with France. 
Alien and Sedition Acts. 
Virginia and Kentucky Resolutions. 
Dissension in the Cabinet. 
Jefferson-Burr Presidential Controversy. 
Marshall becomes Chief-Justice. 

SUMMARY. 

1797-1801. John Adams' Term. March 4, inauguration of Adams and 
Jefferson. 

Cabinet: State, Pickering, Marshall; Treasury, Wolcott, Dexter; War, 
McHenry, Dexter, Griswold; Navy, Stoddert; Postmaster-General, Haber- 
sham; Attorney-General, Charles Lee. 

1797. February 3, Pinckney, United States Minister to France, dis- 
missed from Paris. (Washington's administration). 

1798. June 12, Non-intercourse with France declared by Congress. 
July 6, French treaties declared void by Congress. 

1798. Quasi War with France. January 8, Eleventh Amendment 
ratified. April 30, Navy Department established. June 25 and July 14, pass- 
age of Alien and Sedition Acts. November 14, Passage of "Kentucky Reso- 
lutions," drawn by Jefferson, approved by Legislature of Virginia; first dis- 
tinct enunciation of doctrine of State's Rights; subsequently withdrawn. 
April 3, the "X, Y, Z" dispatches sent to Congress. 

1799. April, Slavery abolished by New York Legislature. December 
14, Death of George Washington. 

1800. February 3, Frigate Constitution captured French "L'lnsur- 
gente". June-August, Government removed to Washington. September 30, 
Treaty of Peace with France. Second Census; population 5,305,483. Vac- 
cination introduced into the United States. 

V Congress. Republican. Jonathan Dayton, speaker. 

VI Congress. Federalist. Theodore Sedgwick, speaker. 

The Electoral Votes were: 1796, Federal 130; (Adams, 71; 
Thomas Pinckney, 59;) Democratic-Republican, 98; (Jefferson, 
68; Burr, 30) ; Scattering, 48; Total, 376. 

POLITICAL HISTORY AND PUBLIC POLICY. 

The administration of Adams was devoted almost entirely to 
difficulties with France. Adams recalled Monroe and sent Pinckney 
as minister to France in his place. The French Directory insulted 
Pinckney and finally dismissed him. Adams then sent Marshall, 
Gerry and Pinckney as special envoys, and the envoys were given 



ADMINISTRATION OF JOHN ADAMS, I797180I II3 

to understand that bribes and loans were prerequisites to negotia- 
tions. The agents sent by Tallyrand were called in the United 
States papers "X, Y and Z", thus withholding the real names of the 
bribers. On the return to America of the envoys and the publica- 
tion of the X, Y Z correspondence a storm against France broke 
out resulting in practically war during the last half of 1798. Sev- 
eral naval fights occurred, most prominent being that between the 
Constellation and the L'Insurgente in the West Indies. 

Under the influence of the war spirit the Fifth Congress 
(Jonathan Dayton, Speaker) abolished the treaties with France, 
formed an army with Washington at its head and increased the 
navy, ordering it to capture French vessels. Hamilton had resign- 
ed from Washington's cabinet in 1795 and had been succeeded by 
Wolcott, who with the other members of Washington's cabinet 
(Pickering, State; McHenry, War; Lee, Attorney-General, and 
Habersham, Postmaster-General) had been retained by Adams. 
Hamilton dominated the Federal party, and also Adams' cabinet, 
(though not of it) which caused Adams to readjust his cabinet, re- 
sulting in a quarrel between Hamilton and Adams, which split the 
Federal party. 

The French episode caused the Federalists to think Democracy 
permanently discredited and they had passed: 1. A Naturaliza- 
tion Act lengthening the time of residence. 2. An Alien Act em- 
powering the President to exclude troublesome aliens; and 3. A 
Sedition Act making it a crime to print or publish certain "writ- 
ings". These laws produced the Virginia and Kentucky resolu- 
tions which enunciated "State's rights and nullification". When 
the war cloud blew over the Federalists were hopelessly lost, and 
when the second session of the Sixth Congress met, it was to de- 
cide the first undecided presidential contest and the House, though 
Federalist, was to decide between two Republican candidates. Of 
the electoral votes Jefferson had 73, Burr 73, Adams 65, Pinckney 
64, Jay 1. The House voted by States on the two highest names 
and on the 36th ballot Jefferson was elected President and Burr 
Vice-President, the former receiving the votes of ten States and the 
latter of four. 



114 AMERICAN CIVICS HANDBOOK 

CHAPTER XXXIV. 

The Administration of Jefferson, 
1801-1809 

Memorable Events. 
Purchase of Louisana. 
Admission of Ohio. 
War with Tripoli. 
Burr's Downfall. 
Retrenchment at Home and Weakness Abroad. 

Summary. 

February 19, 1803. Ohio admitted. 

(180 1. Tripoli War commenced). 

April 30, 1803. Purchase of Louisana. 

October 31, 1803. Frigate Philadelphia captured by Tripoli. 

February 16, 1804. Decatur destroys captured frigate. 

August 3-September 5. Tripoli bombarded. 

April, 1805. Derne captured by Eaton and Hamet. 

June 4, 1805. Peace signed. 

March, 1804. Supreme Judge Chase tried, by impeachment, 
and acquitted. 

May, 1804. (November, 1805). Lewis and Clark expedi- 
tion. 

July 12, 1804. Hamilton killed by Burr. 

September 25, 1804. 12th Amendment adopted. 
1 806-1 807. Conspiracy and trial of Aaron Burr. 

June, 1807. Chesapeake-Leopard affair. 

September 4, 1807. Fulton steams Clermont on the Hudson. 

December 22, 1807. Embargo Act passed. 

February 27, 1809. Embargo Act repealed and Non-inter- 
course Act substituted. 

1801-1805. Jefferson and Burr. (Vote, Jefferson, 73; Burr, 73; Adams, 
G4; Pinckney, 64; Jay. 1. Jefferson elected by House of Representatives) 
Cabinet, State, Madison: Treasury, Dexter and Albert Gallatin; War, Henry, 
Dearborn; Navy, Stoddert, Smith and Jacob Crowninshield ; Pastmaster- 
General, Habersham and Gideon Granger; Attorney-G°neral, Lincoln 
Smith, Breckinridge and Rodney; Chief Justice, John Marshall. 

VII Congress. 236 days. Anti-Federal or Democratic. Speaker, Na- 
thaniel Macon. 

VIII Congress. 282 days. Democratic. Speaker, Macon. 



THE ADMINISTRATION OF JEFFERSON, 180I-1809 II5 

1805-1809. Jefferson and Clinton; (vote, Jefferson, 162; Clinton, 163; 
Pinckney, 14; Rufus King, 14). 

1805. March 4, Jefferson and Clinton inaugurated. 

Cabinet: Former Cabinet continued except Attorney-General Smith 
succeeded by Breckinridge and Rodney, successively. 

Chief Justice, John Marshall. 

IX Congress 234 days. Democratic. Speaker Nathaniel Macon. 

X Congress. 299 days. Democratic. Speaker James B. Varnum. 

Message to Congress substituted for Federal "speech from 
throne". Reform; all war ships sold but 13; army cut to 2500; 
cost of government reduced to $3,700,000 a year. Debt reduced 
from $83,000,000 in 1801 to $45,000,000 in 1812. Leaders, Jef- 
ferson, Madison and Gallatin. Abolished wigs and cues and digni- 
fied manners, and introduced democracy, push and modern Amer- 
ican life. 

Personality of Jefferson. 

A political philosopher. Not a strong executive. His strong- 
est act (the purchase of Louisana), was in violation of his loose 
construction principles. His popularity, nearness to and sincere 
love for the people, caused him to overshadow and direct political 
life for twenty years after his retirement to his farm at Monticello. 



n6 



AMERICAN CIVICS HANDBOOK 



CHAPTER XXXV. 

Madison and the War of 1 8 1 2, 
1809-1817 



Memorable Events. 
War of 1812. 

Indian War in Northwest (Tippecanoe) 
Creek War. 

Admission of Louisana and Indiana. 
War with Algiers. 
Death of Federalism. 



1811 
1811 
1812 
1812 
1812 

l8l2 

1812 
1812 
1813 



1813 
1813 
1813 

1814 

1814 

1814 
1814 
1814 
1814 



1815. 



Summary. 



The President and the Little Belt. 

November 7, Battle of Tippecanoe. 

Admission of Louisana. 

June 18, War declared against Great Britain. 

Hull surrenders Detroit. 

Harrison tries to recover it. 

Van Rensselaer repulsed. 

Blockade of coast south of Rhode Island. 

Frenchtown. Battle of Lake Erie. 

Harrison invades Canada. Thames. 

Ravages of coast of Chesapeake Bay. 

York taken and burned. 

Expedition against Montreal. 

Chippewa, Lundy's Lane, and capture of Fort Erie. 

Americans driven from Canada. 
British come down from Canada. Defeated at Lake 

Champlain. 
March 27, Battle of Tohopeka, Alabama. 
December 15, Hartford Convention. 
December 24, Treaty of Peace Signed. 
Entire coast blockaded. New England attacked. 

Washington taken and partly burned. Baltimore 

attacked. 
Victory of New Orleans. 
The Ship Duels. 
Fleet victories on Lake Erie. 



MADISON AND THE WAR OF l8l2, 1809-1817 Ilj 

[816. United States Bank chartered. 
[816. Admission of Indiana. 

180^-1813. Madison and Clinton. (Vote, Madison, 122; C. C. Pinck- 
ney, 47; Geo. Clinton. 6; Rutus King, 47). Cabinet; State, Smith and 
Monroe; Treasury, Gallatin; War, Eustis and Armstrong; Navy, Paul Hamil- 
ton, William Jones; Postmaster-General, Gideon Granger; Attorney-General, 
Rodney and William Pinckney (Maryland). Chief Justice, John Marshall. 

XI Congress (285 days) Democratic. Speaker, Varnum. 

XII Congress (367 days) Democratic. Speaker, Henry Clay. 
1810. Third Census; population 7,239,881. 

April 26, 1812. Land Office established. 

1813-1817. Madison and Gerry. (Vote, Madison, 128; De Witt Clin- 
ton, 89; Gerry, 128; Ingersoll, 58). Cabinet: State, Monroe; Treasury, 
Gallatin, Campbell, Dallas and Crawford; War, Armstrong and William H. 
Crawfoid; -Navy, Jones and B. W. Crowninshield; Postmaster-General, 
Granger and Meigs; Attorney-General, Pinckney and Rush; Chief Justice, 
Marshall. 

XIII Congress (371 days) Democratic. Speaker, Henry Clay. 

XIV Congress Democratic (240 days). Speaker, Clay. 

1813. First steamboat launched on western river, at Pittsburg. 
August 27, 1814. Commencement of financial panic. 

PUBLIC POLICY. 

National debt $217,000,000, of which S8o,ooo,ooo was cost of 
war. Business developed after treaty was signed. English fac- 
tories then imported to United States and undersold American fac- 
tories. This changed manufacturing New England from free trade 
to protection in political views, and the export of cotton to England 
changed the South from protection to free trade. The isolation of 
the war had so greatly stimulated American manufactures that with 
the development of the protection spirit came unusual commercial 
prosperity. At the end of the war the Federal party ceased to exert 
any power outside of Xew England. The name Republican was 
dropped and the radical party came to be called the Democratic 
party. 

PERMANENT RESULTS OF WAR. 

I. We gained the respect of Europe and established superior- 
ity of our navy. 

II. We proved that no foreign power can gain a permanent 
foothold on our soil. 

III. We are a defensive nation ; we fail generally in offensive 
work. 

IV. The British blockade made us n manufacturing nation 
which gave us commercial independence. 

Y. We forever silenced the hope of the British that we should 
again at some time return to the condition of dependence on Great 
Britain. 



Il8 AMERICAN CIVICS HANDBOOK 

CHAPTLR XXXVI. 
Monroe and Good Feeling, 1817-1825 

Memorable Events. 
Purchase of Florida. 
New States Admitted. 
Seminole War. 
Monroe Doctrine. 
The Erie Canal. 
Visit of Lafayette. 
Oregon Occupation. 
Westward Expansion. 
Missouri Compromise. 

Summary. 

1 817. Admission of Mississippi. 

1 818. Admission of Illinois. 

Jackson seizes Pensacola ; defeats Creeks. 

1 8 19. Admission of Alabama. Treaty for Florida annexa- 

tion. 
(The Dartmouth "College Case"; Steamship Savannah 
crosses Atlantic). 

1820. Fourth Census. Population, 9,638,453. Admission 

of Maine. 

1 82 1. Admission of Missouri. Missouri Compromise. 

1823. December 2, Monroe recognizes South American Re- 

publics and thus proclaimed the Monroe Doctrine. 
(Republics acknowledged in 1822, March 19; 
Doctrine proclaimed 1823). 

1824. LaFayette visits the United States. Protective tariff 

adopted. 

1817-1825. Monroe and Tompkins (two terms). (Vote, 1816; Monroe, 
183; Rufus King, 34; Daniel D. Tompkins, 183; Scattering, 34; vacant, 4! 
1820, Monroe, 231; Adams, 1; Tompkins, 218; Scattering, 14). 

Cabinet: State, John Quincy Adams; Treasury, Dallas and Crawford; 
War, Graham and John C. Calhoun; Navy, Crowninshield, Smith Thomp- 
son, Samuel L. Southard; Postmaster-General, Meigs and John McLean; 
Attorney-General, William Wirt; Chief Justice, Marshall. 

XV Congress (249 days) Democratic. Speaker, Clay. 

XVI Congress (273 days) Democratic. Clay first session; Taylor sec- 
ond session. 

XVII Congress (249 days) Democratic. Speaker, Barbour of Virginia. 

XVIII Congress (266 days) Democratic. Speaker, Clay. 



MONROE AND GOOD FEELING, 1817-1825 II9 

PUBLIC POLICY. 

By 1820 Slavery had almost entirely disappeared in the North 
but was increasing in the South on account of the extensive grow- 
ing of cotton, stimulated by Whitney's invention of the gin. The 
southern emigrants to territories naturally made slave states out of 
the states of Kentucky, Tennessee, Alabama and Mississippi. We in- 
herited slavery in Louisana from France. When Missouri applied 
(being carved out of Louisana Territory) it applied as a slave state. 
This precipitated the slavery discussion which was then thought per- 
manently settled by the Missouri Compromise which provided for 
the admission of Missouri as a slave state but forever prohibited 
slavery' in all territory west of Mississippi and north of parallel 
36 degrees and 30 minutes. 

By 1 treaty of 181 8 with England it was agreed that the north- 
ern boundary of the Louisana purchase should be the 49th parallel 
and that the Oregon country should be held jointly for ten years. 

1822 Russia fixed the northern boundary of Oregon at 51 de- 
grees and had planted a colony in California. The Spanish colonies 
in South America had rebelled and in 1823 Spain successively ap- 
pealed to the Holy Alliance (Russia, Prussia, Austria and France) 
to assist in subduing her rebellious colonies. England joined with 
the United States in protesting against it. In a message to Con- 
gress December 2. 1823, Monroe, (at the suggestion of Adams, who 
was the real author of the protest to the powers and the "doctrine 
message"), sent to Congress a message announcing three guiding 
principles as follows : I. The American Continent is no longer 
open to European colonization. II. The United States would not 
meddle in the political affairs of Europe. III. European govern- 
ments must not extend their system to any part of North or South 
America, nor oppress, nor in any manner seek to control the destiny 
of any of the nations of this hemisphere. 

During these administrations party politics were dead ; but it 
was but the lull before the storm, resulting in an era of the fiercest 
political strife known to our history. 

Although this was a period of apparent union and concord yet 
in it really commenced the strife (slavery) which resulted eventually 
in the Civil War. 

The chief industrial developments were the lighting by gas in 
1823 ; the building of the Erie Canal in 181 7-1825 and the construc- 
tion of ihe "National Road". The protective tariff of 1824 was 
important. 

The trouble with the Seminoles resulting in the invasion of 
Florida by Jackson, caused Spain to see how easy Florida might fall 
a prey to the United States and persuaded Spain to readily sell 
Florida for $5.ooo,ooo,by a treaty made in 1869 and ratified in 1821. 



120 AMERICAN CIVICS HANDBOOK 



CHAPTER XXXVII. 
Adams' Administration and Jack- 
son's Administrations, 1825-1837 

New Political Issues and Parties. 

Adams' Election by the House. 

Antimasons. 

Death of John Adams and Jefferson. 

Protective Tariff of 1828. 

The First Railroads. 

Nullification. 

Jackson and the Bank. 

The Florida War. 

The Spoils System. 

Summary. 

July 4, 1826. Death of Adams and Jefferson. 
Sept. 11, 1826. Seizure of William Morgan and beginning o* 
Antimasonry. 

1827. Joseph Smith founds Mormonism. 

1827. Quincy Railroad. 

1828. Baltimore and Ohio Railroad begun. Opened 1830 
Horse power used. 

1 83 1. First American built locomotive placed on tracks of 
South Carolina Railroad. 

1828. "Tariff of Abominations" passed. Clay's "American 
System." 

1828. Formation of New Parties. 

1830. Fifth Census. Population, 12,866,020. 

1832. Great cholera epidemic in United States. 

1832. Nullification in South Carolina. 

July 10, 1832. Jackson vetoes United States Bank bill. 

March 4, 1832. Amended tariff bill passed. 

August 2, .1832. Indians under Black Hawk defeated. 

1 83 1. Beginning of the Abolition agitation. 
1830. General removal of office holders. 

1833. Deposits of United States funds in state banks removed 

1835. Beginning of Florida (Seminole) War. 
1837. Osceola surrenders. 

1836. Arkansas admitted. 

1836. Revolt of Texas from Mexico. 



adams and jackson's administrations, 1825-1837 121 

1825-1829. Adams and Calhoun. (Jackson, 99; John Quincy Adams, 
84; William H. Crawford, 41; Henry Clay, 37; Calhoun, 182; Scattering, 78. 
John Quincy Adams elected by the House of Representatives). 

Cabinet: State, Clay (corrupt bargain?); Treasury, Rush; War, Bar- 
bour and Porter; Navy, Southard; Postmaster-General, McLean; Attorney- 
General, Wirt; Chief Justice, John Marshall. 

XIX Congress (259 days). Senate Anti-Administration; House Ad- 
ministration. Speaker. John Taylor. 

XX Congress (268 days) Democratic but Anti-Administration. Speak- 
er, Stevenson. 

1829-1833. Jackson and Calhoun. (Jackson, 178; John Quincy Adams, 
83; Calhoun, 171; Rush, 83; Smith 7). 

Cabinet: State, Van Buren and Livingston; Treasury, Ingham, Mc- 
Lane; War, Eaton and Cass; Navy, Branch and Woodbury; Postmaster-Gen- 
eral, Barry; Attorney-General, Berrie and Taney; Chief Justice, Marshall. 

XXI Congress (264 clays) Democratic. Speaker, Stevenson. 

XXII Congress Democratic. Speaker Stevenson. 

1833-1837. Jackson and Van Buren. (Jackson, 219; Henry Clay, 49; 
Scattering, 18; Van Buren, 189; Sergeant, 49; Scattering, 48). 

Cabinet: State, McLane and Forsyth; Treasury, Duane (removed) 
Taney (not confirmed) Woodbury; War, Cass; Navy, Woodbury and Dicker- 
son; Postmaster-General, Barry and Kendall; Attorney-General, Taney and 
Butler; Chief Justice, Marshall (died): Roger B. Taney, 1836. 

XXIII Congress (304 days) Democratic. Speaker, Stevenson. 

XXIV Congress (300 days) Democratic. Speaker, John Bell. 

Politics and Public Policy. 

Adams' administration was one of great prosperity. Adams 
was a Federalist veneered with Democracy. The high protective 
tariff, the American System, developed two parties, those favoring 
it, led by Adams and Clay were called the National Republicans 
( Whigs) and the opponents, Democrats. The two Adams were 
the only "one term" presidents of our early history: with the elder 
Adams passed out the colonial strong government policy : with 
the younger. Eastern and intellectual domination gave way to 
Western and non-intellectual though honest democracy. 

When Jackson entered he discharged ten times as many office 
holders as had all of his predecessors. Speculation developed so 
marvelously from 1834 to 1836 that Jackson became alarmed and 
issued in 1836 the famous "specie circular" which required all pur- 
chasers of government land and bonds to make payment in gold or 
silver. The banks then held less than $38,000,000 in specie against 
an issue of S52 5,000,000 in notes. But the storm did not break 
until the next administration. Meanwhile the United States had 
paid off all of the public debt and had a surplus in the Treasury. 

This was the era of many remarkable labor saving devices 
and inventions, the McCormick reaper, 1834: the Colt revolver, 
^35 '• g^s in general use. 1825; friction match, 1829; Ericsson 
screw propeller, 1836; Nasmyth steam hammer, 1838; Goodyears 
rubber vulcanising, 1839: steam fire engine, 1841. The New York 
Sun appeared in 1833, tne first American one-cent newspaper. This 
was also the period of the Webster-Haynes debates in the Senate 
on the Constitution. 



122 AMERICAN CIVICS HANDBOOK 

CHAPTER XXXVIII. 
Administrations of Van Buren, Harri- 
son and Tyler, 1837-1845 

Memorable Events. 
The Panic of 1837. 
The "Gag" in Congress. 
The Subtreasury System. 
Slavery Riots. 
Mormons at Nauvoo. 

Canadian Rebellion of 1837 (Caroline Affair). 
Harnden's Express and the Daguerrotype. 
The Log Cabin and Hard Cider Campaign* 
The Liberty Party. 
Death of Harrison. 
Fiscal Bank Bill and Tyler. 
The Dorr Rebellion. 
Webster-Ashburton Treaty. 
The Texas Question. 
The Electric Telegraph. 

Summary. 

March, 1837. Beginning of the panic. 
June 26, 1837. Michigan admitted. 

1838. The Alton Riot. 

1837. The "Patriot Rebellion" in Canada. 

1839. Mormons settle at Nauvoo. 

1840. Subtreasury Bill passed. 

1840. Sixth Census. Population, 17,069,453. 

June 20, 1840. Patent granted to Morse for the Electric 
telegraph. 

1844. First line, Washington-Baltimore opened at govern- 
ment expense. 

April 6, 1 841. Death of Harrison and Inauguration of Tyler. 

1842. Dorr's Rebellion. 

July 9, 1842. Tyler vetoes the Whig tariff bill. 

August 22, 1 84 2. Webster-Ashburton treaty. 

1842. Fremont's expedition to the Rocky Mountains. 

June 17, 1843. Dedication of Bunker Hill Monument. 

1844. Anti-rent disturbances of New York state. 
1845. Florida and Iowa admitted to the Union. 



VAX BUREN, HARRISON AND TYLER, 1837-1845 I23 

1845. Texas annexed to the United States. 

1837-1841. Van Buren and Johnson's Administration. (Vote, Van 
Buren, 170; Harrison, 73; White, 26; Webster, 14; Mangum, 11; Johnson, 
147; Francis Granger, 77; John Tyler, 47; William Smith, 23). 

Cabinet: State, Forsyth; Treasury, Woodbury; War, Poinsett; Navy, 
Dickerson and Paulding; Postmaster-General, Kendall and Niles; Attorney- 
General, Butler, Grundy and Gilpin; Chief Justice, Roger B. Taney. 

XXV Congress (352 days). Small Democratic majority. Speaker, 
James K. Polk. 

XXVI Congress. About evenly divided between Whigs and Demo- 
crats. 320 days. Speaker, James K. Polk. 

1841-1845. Harrison and Tyler, (President pro tern Southard and Man- 
gum). (Vote, Harrison, 234: Van Buren, 60; Tyler, 234; R M. Johnson, 49; 
Scattering, 12). 

Cabinet: State, Webster, 1841; Legare, 1843; Upshur, 1843; Cal- 
houn, 1844; Treasury, Ewing, 1841; Forward, 1841; Spencer, 1843; Bibb, 
1844; War, Bell. 1841; Spencer. 1841; Porter, 1843 (rejected); Wilkins, 1844; 
Navy, Badger. 1841; Upshur. 1841; Gilmer, 1844; Henshaw, (rejected) 1844; 
Mason, 1844; Postma-iter-General, Granger, 1841; Wickliffe, 1841; Attorney- 
General, Crittenden, 1841; Legare, 1841; Nelson, 1844; Chief Justice, Taney. 

XXVII Congress (464 days) Whig. Speaker, Hunter and Waito. 
XXVHI Congress (288 days); Senate, 4 Whig majority; House 26 Dem- 
ocratic majority; Speaker, Jones. 

Public Policy. 

The panic of 1837 was caused by an overissue of "wild cat'* 
bank notes, which produced a period of inflation punctured by the 
Specie Circular of 1836. The panic lasted over a year; over $100,- 
000,000 in failures in New York City alone. A peculiar condition : 
not a dollar of national debt, and yet a financial panic. The gov- 
ernment then issued $10,000,000 in Treasury Notes to relieve the 
government for the losses through the suspension of the "pet" or 
deposit banks. The Whigs favored another United States Bank, 
but Van Buren insisted on the Sub-Treasury scheme, which was 
adopted in 1841, repealed and reestablished in 1846, and still in 
force. The greatest financial benefit since the day of Hamilton. 

The presidential election of 1840 was one of the most exciting 
in our history, and the defeat of Van Buren was very largely 
caused by the panic of 1837. 

Rhode Island was still governed by the Charter of Charles II, 
which gave the suffrage to those only who possessed $134 worth of 
property and their eldest sons. This gave great inequality of repre- 
sentation and two constitutions were proposed in 1841, the "peo- 
ple's" and the "landholder's" : on popular vote the former won, but 
on the ground of fraud the legislature annulled the election, and the 
two party candidates, Dorr and King, each attempted to seize the 
government. King held under the old charter and Dorr's followers 
deserted him and he was arrested, tried, sentenced and afterwards 
pardoned. In 1843 m a regular convention the constitution was 
extended by the adoption of an entirely new and liberal constitution. 



124 AMERICAN CIVICS HANDBOOK 

CHAPTER XXXIX. 

Administration of Polk: The War 
with Mexico, 1845-1849 

Memorable Events. 
Mexican War. 
Oregon Treaty of 1846. 
Discovery of Gold in California. 
Wilmot Proviso vs. Calhoun Resolution. 
Free Soil Party. 
Sewing Machine and Ether. 
Hoe's Press. 
Gadsden Purchase. 

Summary. 

August, 1845. United States claims territory (by annexation 
of Texas) from River Neuces to Rio Grande, and Taylor sent to 
occupy region; fired on by Mexicans; war declared by United 
States May 13, 1846. 

Four campaigns : Taylor in Northern Mexico ; Scott in the Val- 
ley of Mexico ; Kearny in New Mexico ; Fremont and Stockton in 
California. 

1846-7. Taylor: Corpus Christi, Fort Brown, Point Isabel, 
Palo Alto, Resaca de la Pctlma, Matamoras, Monterey, (1847) 
Buena Vista. 

1847. Scott: Vera Cruz, Cerro Gordo, Pueblo, (August 20- 
21) Contreras, San Antonio, Churubusco, Molino Del Rey, Chapnl- 
tcpec, Mexico (September 14, 1847). 

Kearny: Santa Fe, California, (San Diego). 

Fremont- Stockton : Sonoma, Monterey. 

Treaty of Guadaloupe Hidalgo, February, 1848. United 
States paid Mexico $15,000,000 and assumed private claims for 
$3,500,000, in exchange for territory south to southern boundary of 
New Mexico, the Rio Grande and the Gila River. Five years later 
(1853) through Capt. Gadsden the United States bought the 
Mesilla Valley for $10,000,000. The two tracts added to our ter- 
ritory 967,451 square miles, larger than the United States in 1783. 

1845. October 10, Naval Academy opened at Annapolis. 

1845. March 3, Florida admitted. 

1845. December 29, Texas admitted to the Union. 



ADMINISTRATION OF POLK : THE WAR WITH MEXICO 1 25 

1846. Iowa admitted. 
Treaty with Great Britain, June 15, 1846. 
September 10, 1846. First completed sewing machine manu- 
factured by Elias Howe. 

1846. New tariff act passed. 

1846. Sub-treasury "e-established. 

1847. Mormons emigrate to Utah. 

January 19, 1848. Gold discovered in California. 

1848. Wisconsin admitted. 

1845-1 849. Polk and Dallas (Vote, Polk, 170; Clay, 105; Dallas, 170; 
Frelinghuys m 105). Cabinet. State, James Buchanan; Treasury, Robert 
J. Walker; War, William L Marcy; Navy, George Bancroft, J. Y. Mason; 
Postmaster-General, Cave Johnson; Attorney-General, J. Y. Mason, Nathan 
Clifford, Isaac Toucey, Chief Justice Taney. 

XXIX Congress. Democratic. 340 days. Speaker, J. W. Davis. 

XXX Congress. 'Mi days. Senate, Democratic; House, Whig. Speak- 
er, Robert C* Winthrop. 

Public Policy. 

The Democrats obtained entire government control in 1844. 
They at once reestablished the sub-treasury scheme and did away 
with the "American System" by passing a non-protective tariff 
act in 1857, which remained in force until 1861, when protection 
was again begun. During this administration the Interior Depart- 
ment was organized, and also the Smithsonian Institution. 

The Oregon country was unappreciated until the missionary, 
Dr. Marcus Whitman, in 1842-3, went to Washington from Walla- 
Walla, convinced the president that Oregon was worth saving, and 
brought back with him 800 emigrants. In 1848 Oregon Territory 
was organized. , , 

The Whigs were opposed to the Mexican War and claimed that 
the United States instigated it for conquest of slave territory. The 
Mexican cession again brought up the question of slavery and the 
Democrats intended to form out of Texas five slave states. 

Both parties feared to abide by the Missouri Compromise. The 
Wilmot Priviso was a provision in an appropriation bill to buy the 
territory acquired from Mexico (1846), provided that slavery be 
not allowed in it. The proviso never passed and the slavery question 
in the new area was not settled until the Compromise of 1850 (and 
then only temporarily) in the next administration. 

In the two years following the discovery of gold in California 
over 100,000 emigrants went to California: this was called the 
Gold Fever. In 1845 Congress reduced the rate of postage to a 
maximum rate of ten cents, fit having been twenty-five), and charged 
five cents for distances of 300 miles or less. The Wilmot Proviso 
led to the formation in 1848 of the Free Soil Party. The first 
Woman's Rights Convention was held at Seneca Falls, X Y in 
1848. 



126 AMERICAN CIVICS HANDBOOK 

CHAPTER XL. 

Administrations of Taylor, Fillmore 
and Pierce, 1849-1857 

Memorable Events. 
Discussion over the admission of California. 
The Compromise of 1850. 
Fugitive Slave Act and Personal Liberty Laws. 
Decline of Whig Party and Rise of American Party. 
Death of Clay, Webster and Calhoun. 
Kansas-Nebraska Act. 
The Struggle for Kansas. 
Perry and Japan. 
The Ostend Manifesto. 
Rise of the Republican Party. 
Death of Taylor and Change of Party Leaders. 
The Crystal Palace. 

Summary. 

1850. Seventh Census. Population, 23,191,876. 
July 9, 1850. Death of Taylor. 

1850. Grinnell Expedition in search for Sir John Franklin, 
under Dr. Kane. 1853. 

Sept. 9, 1850. Omnibus Bill approved. 
Sept. 9, 1850. California admitted. 
Sept. 16, 1850. Fugitive Slave law approved. 
Sept. 20, 1850. First Federal land grant: Illinois Central 
and Mobile and Ohio Railroads. 

March 3, 1851. Postage reduced to three cents. 

1 85 1. Maine Prohibition law passed. 
1853. Pacific Railroad surveys ordered. 

March 31, 1853. Commodore Perry negotiates treaty with 
Japan. 

May 30, 1854. Passage of Kansas-Nebraska Act (Repeal of 
Missouri Compromise) . 

1854-56. Kansas-Nebraska struggle. 

1 85 5-5 7- Walker's invasion of and war on Nicaragua. 

1855. Rise of the Republican Party. 

1853. Crystal Palace Exhibition. 

May 26, 1856. Brooks assaults Sumner. 



ADMINISTRATIONS OF TAYLOR, FILLMORE AND PIERCE 1 27 

Taylor and Fillmore. 1849-1853. (Vote, Taylor, 163; Lewis Cass, 127; 
Fillmore, 16:}- Butler, 127; Van Buren, 0; Charles Francis Adams, 0. Van 
Buren caused Cuss to lose New York, which turned the tide of the election) 
Cabinet: State, Clayton, Webster Everett; Treasury, Meridith and Corwin; 
War, Crawford and Conrad; Navy, Preston, Graham and Kennedy; Interior, 
luomas Ewing and Alec H. Stuart; Postmaster-General, Collamer, Hall 
and Hubbard; Attorney-General, Johnson and Crittenden; Chief Justice, 
Taney 

XXXI Congress. Democratic. Speaker, Howell Cobb. 394 days. 

XXXII Congress. Democratic. Speaker, Boyd. 363 days. 

Pierce and King. 1853-1857. Vote, Pierce, 254; Scott, 42; King, 254; 
Graham, 42, John P. Hale, 0, George W. Julian, 0). Cabinet: State, Marcy; 
Tr- asury, Guthrie: War, Jefferson Davis; Navy, Dobbin; Interior, McClel- 
land; Postmaster-General, Campbell; Attorney-General, Caleb Cushing; 
Chief Justice, Taney. 

XXXIH Congress. o3C days. Speaker, Boyd. Democratic. 

XXXIV Congress 36S days. Senate, Democratic; House, opposed. 
Speaker, N. P. Banks; elected after a ballot of nine weeks on the 133rd 
ballot. This Congress the stormiest on record. 

Public Policy. 

Taylor died July 9, 1850, and his successor, Fillmore, leaned 
towards the Northern anti-slavery Democrats under Seward. King 
also died in office. California formed a constitution and applied 
for admission as a free state. Congress debated fiercely over this 
and othei questions involving the salvery question, until Clay (the 
author of the Missouri Compromise and the Compromise Tariff of 
1833) offered the Compromise of 1850. This was presented event- 
ually in three bills: I. California to be admitted as a free state; 
Texas to be given $10,000,000 to give up claims to New Mexico; 
the rest of the Mexican cession, outside of California, to be divided 
into two territories, Utah (including Nevada) and New Mexico 
including Arizona, and slavery was neither forbidden nor permitted 
in them. II. Slave trade, but not slavery, prohibited in the Dis- 
trict of Columbia. III. A new Fugitive Slave Law, by which runa- 
way slaves in Northern states might be arrested by Federal officials, 
tried (the slave's testimony being inadmissable) and returned to 
Southern masters. This took the place of the law of 1793. 

After Pierce was inaugurated the slavery question again 
raged regarding the organization of the territory west of the Mis- 
souri, to the Rocky Mountains. In 1854 Stephen A. Douglas 
brought forward the Kansas-Nebraska Bill, organizing two vast 
territories, to be called Kansas and Nebraska, and leaving the people 
of these territories to decide whether they would have slavery or 
not. As this repealed the Missouri Compromise a fierce debate re- 
sulted, but the bill became a law in May, 1854. The struggle for 
Kansas now began and continued until 1858, each section trying to 
win Kansas to or against slavery by colonization; in 1858 the pro- 
slavery people gave up the struggle. The Kansas-Nebraska bill 
finished the wreck of the Whig party and practically created the 
Republican party (1856). 



128 AMERICAN CIVICS HANDBOOK 

CHAPTER XLI. 
Administration of Buchanan, 1857-1861 

Memorable Events. 
Trouble with the Mormons in Utah. 
Panic of 1857. 
Dred Scott Decision. 
Raid of John Brown. 
Lincoln-Douglas Debates. 
The State Constitutions in Kansas. 
Secession. 

Summary. 

March 6, 1857. Dred Scott decision announced by the Su- 
preme Court. 

September 26, 1857. Great Financial Crisis. 

1857. Mountain Meadows Massacre. "Mormon War". 

May 11, 1858. Minnesota admitted. 

August 1858. First cable message across Atlantic. 

February 14, 1859. Oregon admitted. 

October 16, 1859. John Brown's Raid. 

i860. Eighth Census. Population 31,443,321. 

December 20, i860. South Carolina passes ordinance of se- 
cession. 

1 86 1. January. Secession of Mississippi, Alabama, Florida, 
Georgia and Louisana. 

February 1, Texas secedes. 

January 29, Kansas admitted. 

February 4, 1861. Convention at Montgomery, Alabama, or- 
ganizing the Confederate State of America. 

January 9, 1861. Steamer Star of the West fired on. 

1857-1861. Buchanan and Breckinridge. Vote, Republicans, Fremont, 
114; Dayton. 114; Democrats, Buchanan, 174; Breckinridge, 174; Americans, 
Fillmore, 8; Donelson, 8. (The Whigs, "Silver Greys," met and endorsed Fill- 
more; the Whigs and Americans now drop out of politics). 

Cabinet: State, Cass and Black; Treasury, Cobb, Thomas and Dix; 
War, Floyd, Holt; Navy, Toucey; Interior, Thompson; Postmaster-General, 
Brown, Holt and King; Attorney-General, Black and Stanton; Chief Justice, 
Taney. 

XXXV Congress (265 days) Democratic. Speaker, Orr. 

XXXVI Congress (289 days). Senate Democratic; House, Opposition. 
Speaker, Pennington. 



ADMINISTRATION OF BUCHANAN, I 857- I 86 I I 29 

Public Policy. 

Two days after Buchanan's inauguration the Supreme Court 
handed down the Dred Scott Decision : 1 . Dred Scott was not a 
citizen, being a slave and therefore could not sue in United States 
Courts. His residence in Minnesota had not made him free. 2. 
Congress could not shut out slave property from the territories. 
3. The Missouri Compromise was void ; this confirmed the Kansas- 
Nebraska Act and opened to slavery the (then) free territories of 
Oregon, Washington and Minnesota. This decision stimulated the 
southern slaveholders ; split the Democratic party in the North and 
so strengthened the Republican party that Lincoln was elected in 
i860. ' 

Lincoln and Douglas were rival candidates for the senatorship 
of Illinois. The campaign included a number of joint debates in 
towns in Illinois in which the slavery question was lucidly present- 
ed and although Douglas was elected, yet Lincoln won a national 
reputation and compelled Douglas to take such a position on "pop- 
ular sovereignty 1 ' and the Dred Scott decision that Douglas failed 
later to receive the support of the South and thus Lincoln was 
elected. 

In October, 1859, John Brown with 21 followers seized the 
United States Arsenal at Harper's Ferry with the intention of lib- 
erating the slaves. Brown and six of his associates were tried, con- 
victed and hanged. 

In the election of i860 the Democratic party split into North- 
ern and Southern sections; the former nominating Stephen A. 
Douglas and Herschel V. Johnson; and the latter, John C. Breckin- 
ridge and Joseph Lane; the former declared for "popular sov- 
ereignty" and the latter that Congress must protect slavery in the 
territories. The Republicans nominated Lincoln and Hannibal 
Hamlin, and declared that Congress must forbid slavery in the ter- 
ritories. The American Paity declared for "the Constitution, the 
Union and the enforcement of the laws," and was generally called 
the "Union party." The vote was as follows : Lincoln and Hamlin, 
180; Breckinridge and Lane, 72 ; Bell and Everett (American 
Party) 39, and Douglas and Johnson, 12. Douglas received the 
next largest popular vote to Lincoln but carried only Missouri and 
three votes of New Jersey. New Jersey cast for Douglas. Bell car- 
ried Virginia, Kentucky and Tennessee; Breckinridge carried all 
the slave states except Virginia, Kentucky, Tennessee and Missouri. 

As soon as Lincoln's election was made certain South Carolina 
passed an ordinance of secession. The six other cotton states, Mis- 
sissippi, Alabama, Florida, Georgia and Louisana in January and 
Texas in February seceded, but the vote in all of these states but 
South Carolina was very evenly divided between Union and Se- 



I3O AMERICAN CIVICS HANDBOOK 

cession. The Confederacy was organized at Montgomery with Jef- 
ferson Davis as President and Alexander H. Stevens as Vice-Presi- 
dent. The Federal Government did nothing to prevent this se- 
cession, and all United States stores and forts in the South fell into 
the hands of the South but Key West, Fort Pickens and Fort 
Sumter. 



LINCOLN S ADMINISTRATION AND THE CIVIL WAR I 3 I 



CHAPTER XLII. 

Lincoln's and Johnson's Administrations 
and the Civil War, 1861-1869 

Memorable Events. 

Fort Sumter. 
Volunteers. 

Secession of Eleven States. 

West Virginia, Delaware, Maryland, Kentucky and Missouri 
remain in Union. 
The Civil War. 
Trent Affair. 
Sioux War. 

Emancipation Proclamation. 
New York Draft Riots. 
Alabama and Kearsarge. 
Assassination of Lincoln. 
Purchase of Alaska. 
National Debt. 
Reconstruction. 
Constitutional Amendments. 
Impeachment of Johnson. 
Election of Grant. 
Terms of Office Bill. 
Trans-Atlantic Cable. 

Summary. 

1 86 1, April 13. Evacuation of Sumter. 
April 15. First call for 75,000 volunteers. 

First bloodshed at Baltimore. 

Virginia secedes. 

President declares blockade of South. 
Arkansas secedes. Capital of Confederacy removed 

North Carolina secedes. 
Tennessee secedes. 
Butler defeated at Big Bethel. 
Bull Run. Union Army defeated. 



April 19. 
April 17. 
April 19. 
Mav 6. 


to Richmond. 


May 20. 
June 8. 


June 10. 


July 21. 



I32 AMERICAN CIVICS HANDBOOK 

July 23. Call for 500,000 three month's volunteers. 
August 10. Lyon defeated and killed at Wilson's Creek. 
October 21. Ball's Bluff. Senator Baker killed. 
November 7. Grant defeated at Belmont. 
November 8. The "Trent Affair". Mason and Slidell taken 
from Wilkes. 

1862. January 19. Mill Spring. Union victory. 
February 6. Capture of Fort Henry by Grant and Foote. 
February 8. Capture of Roanoke Island by Burnside. 
February 10. Capture of Fort Donelson by Grant. 
February 25. Passage by Congress of "Greenback Act". 

Issue $150,000,000 in notes. 

March 5-8. Merrimack and Monitor in Hampton Roads. 

April 6-7. Shiloh. Union victory. Confederate A. S. John- 
son killed. 

April 7. Capture by Federals of Island No. 10. 

April 24. Farragut runs the Mississippi forts. 

April 28. Capture of New Orleans by Butler and Farragut. 

May 4-5. Capture of Yorktown by Federals under McClellan. 

May 10. Evacuation by Confederates of Norfolk. 

May 20. Congress passes the Homestead Act. 

May 31. . Fair Oaks. Union victory. 

May-June. Jackson defeats Union forces in Shenandoah. 

June 29. McClellan commences seven days retreat. 

June 30. Repulses Confederates at Glendale; July 1, Mal- 
vern Hill. Indecisive. 

August 9. Jackson defeats Banks at Cedar Mountain. 

August 29-31. Second Bull Run and Chantilly. Confederate 
victories. 

September 19. Antietam. Union victory. 

September. Bragg invades Kentucky. 

October 8. Perryville. Indecisive. 

December 13. Fredericksburg. Confederate victory. 

1863. January 1. Emancipation Proclamation. 
Feb. 25. National Banking system organized. 
March 3. Draft Act passed. 

May 2-3. Chancellor sville . Confederate victory. 

June 19. West Virginia admitted. 

June. Lee's invasion of the North. 

July 1-3. Gettysburg. Union victory. Union loss 23,000: 
Confederate 30,000. 

July 4. Pemberton surrenders Vicksburg to Grant with 2j,~ 
000 prisoners. 

TURNING POINT OF THE WAR. Confederacy cut in 
two. Confederates now on defense. 



LINCOLN S ADMINISTRATION AND THE CIVIL WAR I 33 

1863. September 19-20. Chickamauga. Confederate vic- 
tory. 

1863. November 24-25. Hooker's Division carries Lookout 
Mountain and Missionary Ridge. 

May 5, 1864. Wilderness. Loss, 35,000 on both sides. 

June 3. Cold Harbor. Federals cross the James. 

October 19. Cedar Creek. Sheridan defeats Early. 

May 6. Sherman starts for the Sea. September 1-3. Enters 
Atlanta. 

June 3. National Bank Act passed. 

June 19. Kearsarge sinks the Alabama, off French coast. 

August 6-22. Forts in Mobile Bay carried by Farragut and 
Granger. 

October 3. Nevada admitted. 

December 10. Sherman reaches Savannah and presents it to 
Lincoln December 20-21. 

1865. March 4. Lincoln and Johnson inaugurated. 1865. 
April 2-3, 1865. Confederates evacuate Petersburg and Rich- 
mond. 

April 9, 1865. Appomattox. 

April 14-15. Lincoln Assassinated. Seward attacked. John- 
son inaugurated. 

April 26. Johnson surrenders to Sherman. 
December 18. Thirteenth Amendment adopted. 

1866. Atlantic Cable successfully laid. 

1867. February 9. Nebraska admitted. 
March 2. First Reconstruction Act. 
March 30. Alaska purchased for $7,200,00. 
September 7. Amnesty proclamation. 

1868. Stanton suspended from office. (Senate re-instates 
him). 

February 24-March 5. Articles of impeachment prepared by 
House ; Senate to try. 

May 26. Impeachment fails. President acquitted ; 36 for 
guilt; 19 against. 

July 28. Secretary Seward announces ratification of Four- 
teenth Amendment. 

March 4, 1869. Grant and Colfax inaugurated. 

1861-1865. Lincoln and Hpmlin, (Vote, Lincoln and Hamlin, 180; 
Breckinride and Lane, 72; Douglas and Johnson, 12; Bell and Everett, 39)'. 
Cabinet: State, Wm. H. Seward; Treasury, Salmon P. Chase, Wm. P. Fes- 
senden; War, Simon Cameron, B. M. Stanton; Navy, Gideon Welles; Interior, 
Caleb B. Smith and John P. Upshur; Postmaster-General, Montgomery Blairi 
William Dennison; Attorney-Geneial, Edward Bates and James Speed; Chief 
Justice, Roger B. Taney (deceased), Salmon P. Chase, December 6, 1864. 

XXXVII Congress. 356 days Republican. Speaker, Galusha A. Grow. 

XXXVIII Congress. 299 days. Republican. Speaker, Schuyler Colfax. 
1865-1869. Lincoln and Johnson, (Vote, Lincoln, 212; Johnson, 212- 



134 AMERICAN CIVICS HANDBOOK 

McClellan, 21; Pendleton, 21). Cabinet: State, Seward; Treasurer, Mc- 
Cullough; War, Stanton; Grant; Navy, Welles; Interior, Smith, Upshur, 
James Harlan, Browning; Postmaster-General, Dennison, Randall; Attorney- 
General, Bates, Speed, Stanberry, William M. Evarts; Chief Justice, Salmon 
P. Chase. 

XXXIX Congress. 329 days. Republican. Speaker, Schuyler Colfax. 

XL Congress. 382 days. Republican. Speakers, Schuyler Colfax 
and Theodore Pomeroy. 

Public Policy. 

In 1 86 1 the fighting was only in Virginia and Missouri. The 
Federals had formed a magnificent army and navy and the 9,000,- 
000 of the Confederacy were blockaded. The battles of 1861 were 
mostly Confederate victories. In 1862 the Union line had been ad- 
vanced across Tennessee, and the Mississippi had beeen almost open- 
ed. 1,300,000 Union volunteers had been called out and the Fed- 
eral expenses were nearly $3,000,000 a day. 

In 1863 the Federals secured Kentucky, Tennessee, Missouri 
and Arkansas and the war changed to the southern border of these 
states. Each half of the Confederacy fought for itself. Political 
generals on the Union side now disappeared and we have Grant, 
Sherman and Sheridan, all hard fighters. Lee's brilliant campaigns 
in Virginia, Maryland and Pennsylvania were the features of the 
year. 

The operations of 1864 crushed the Confederacy. The two 
Confederate armies were Hood's of 75,000 men in the South, de- 
stroyed by Thomas at Nashville, and Lee's of 62,000 before Rich- 
mond. Sherman's march ruined the storehouse of the Confederates. 
In 1865 Sherman marched north to meet Grant and the armies of 
Johnston and Lee were thus kept apart until each was forced to sur- 
render, Lee to Grant, April 9, and Johnston to Sherman April 26. 

During the entire war the Federals had in their armies 2,690,- 
401 men, the largest in service at any one time was in May, 1865, 
1,000,516. At the end of the war the Union navy numbered 700 
vessels and 50,000 sailors. The Confederate total of the war was 
probably 1,300,000, the largest number being January, 1863, 690,- 
000. About 300,000 dead on both sides. 

Most of the taxes of the United States, 1861-65, $780,000,000 
were spent on the war, and in addition to this the national debt at 
the end of the war was $2,850,000,000. The Union cost is generally 
estimated at $3,660,000,000 and the Confederate at $1,500,000,000. 

The war taught many things, among them: 1. No peaceable 
secession. 2. Slavery weakens a country socially and economical- 
ly. 3. Republican government has great power of self -perpetua- 
tion. 4. Four million blacks freed. 5. The Union not divided. 
6. The courage and self-sacrifice of Americans is beyond calcula- 
tion. 

On June 3, 1864, the final National Banking Act, suggested by 



LINCOLN S ADMINISTRATION AND THE CIVIL WAR I 35 

Secretary Chase, was passed. This was in response to the wide- 
spread dissatisfaction with State banks in general and caused pri- 
marily by the evils resulting from the "wild-cat" currency which 
caused the panic of 1857. It established a national banking officer 
called the Controller of the Currency; permitting five or more per- 
sons to form a National Bank with a capital of not less than $200,- 
000 in cities over 50,000; $100,000 in cities over 60,000, and $50,- 
000 in cities under 6,000. Not less than one-third of capital must 
be invested in United States Bonds, upon which circulating bank 
notes may be issued equal in amount to 90 per cent of the current 
market value, but not exceeding 90 percent of the par value of the 
bonds, .which bonds must be deposited with the Controller. These 
notes were declared legal tender except for duties, interest on public 
debt and redemption of currency. In 1865 an act was passed taxing 
all other banking note issues 10 per cent, which practically taxed 
out of existence State bank circulation. (By a later act, Act of 
1890, a national bank may be organized in a town of 3,000 or less 
with a capital of $25,000 secured by bonds, and circulation may be 
issued on the full amount of bonds, with a tax on circulation of 
one-fourth of 1 per cent). 



I36 AMERICAN CIVICS HANDBOOK 

CHAPTER XLIII. 
Administration of Grant, 1 869- 1 877 

Memorable Events. 
Re-admission of Southern States. 
Completion of the Pacific Railroads. 
Alabama Claims Award. 

Expatriation acknowledged by England and Germany. 
Fifteenth Amendment. 
Panic of 1873. 
Centennial Exhibition. 
Indian Wars with Modocs and Sioux. 

Credit Mobilier, Salary Grab, Whiskey Ring, and other Scan- 
dals. 

Electoral Commission of 1876. 

Summary. 

1869.. First Pacific Railway completed. San Domingo 
Treaty. ' 

1870. Virginia, Mississippi, Texas and Georgia re-admittecl. 
Ku-Klux-Klan troubles in the South. 

Fifteenth Amendment ratified. 

Ninth Census, population 38,558,371. 

1 87 1. Treaty of Washington with Great Britain refers to 
arbitration, the Alabama Claims, the Fishing Question and the 
Northwest boundary, and in 

1872. The Genevan Arbitration gives decision for the United 
States. 

1872. Modoc War; burning of Boston. 

1872. The bribery through the Credit Mobilier. 

1873. The Great Financial Panic. 
1876. Centennial Exhibition. 

1876. Colorado admitted to the Union. 

1868-1871. Grant and Colfax, (Vote, Republican: Grant 214, Colfax 
214; Democratic: Seymour 80, E. P. Blair 80; vacant electoral votes, 81). 

1872-1876. Grant and Wilson, (Vote, Republican: Grant 286, Wilson 
286; Democratic and Liberal Republican: Horace Greeley (died before elec- 
tion) ; vote cast for Hendricks 42, Brown 18, Greeley 3, Jenkins 2, David 
Davis 1. Brown 47 (for vice president); Democratic: Charles O'Conor; 
Temperance: James Black; not counted 17. Cabinet: State, Washburne 
and Fish; Treasury, Boutwell, Richardson, Bristow and Morrill; War, Raw- 
lins, Sherman, Belknap, Taft and Cameron; Navy, Borie and Robeson; 



ADMINISTRATION OF GRANT, I 869- 1 87 7 137 

Interior, Cox, Delano and Chandler; Postmaster-General, Cresswell, Jewell 
and Tyner; Attorney-General, Hoar, Ackerman, Williams, Pierrepont and 
Taft. 

XLI Congress. Republican. Speaker, James G. Blaine. 

XLII Congress. Republican. Speaker, James G. Blaine. 

XLIII Congress. Republican. Speaker, James G. Blaine. 

XLIV Congress. Senate, Republican; House, Democratic. Speaker, 
M. C. Kerr (died), Samuel J. Randall. 

In 1869 the Central Pacific Railroad (San Francisco to Og- 
den) and the Union Pacific Railroad (Og-den to Omaha) were 
completed with government financial aid and united the Pacific to 
the Atlantic by rail. In the same year San Domingo applied for 
admission to the Union but the treaty drawn up was so unpopular 
that it was rejected by the Senate. In 1869 the Fifteenth Amend- 
ment was proposed in Congress and after ratification of this and 
the Fourteenth Amendment, the States of Virginia, Mississippi, 
Texas and Georgia were readmitted to the Union, and as Tennessee 
had reentered in 1866, Arkansas in 1868, and by a special act in 
1868, North Carolina, South Carolina, Louisana, xAlabama and 
Florida had been readmitted, the Second Session of 'the XLI Con- 
gress in T871 saw for the first time since December, i860, all the 
States represented in Congress. 

The whites of the south bitterly opposed negro dominition. 
Secret orders, such as the Ku-Klux-Klan, terrorized the negroes 
and the white "carpet-baggers", which outrages were increased 
rather than crushed by the "Force bills" of 1870 and 1871. The 
country soon wearied of the disgrace and in the elections of 1874 
elected enough Democratic members to permit public sentiment in 
the South to deprive the negro of political power. 

1 87 1 by Treaty the "Alabama" claims for property destroyed 
by Confederate cruisers, the Alabama and others, fitted out in Eng- 
lish ports, were submitted to arbitration. This court sat at Geneva, 
Switzerland, and in 1872 decided that Great Britain should pay the 
United States vSi 5,500,000 as compensation. 

During Grant's first term two scandals developed, the ac- 
ceptance of large bribes, in stock of the Credit Mobilier, by mem- 
bers of Congress for voting for the benefit of the Union Pacific Rail- 
road, and an attempt to increase the salaries of the officers of the 
government, including the salaries of members of Congress. In the 
second term another attempt to defraud the government was dis- 
covered in the unearthing of a Whiskey Ring in the West, an asso- 
ciation of Federal officials and liquor manufacturers for fraudulent 
purposes. 

In ( 87T the city of Chicago was destroyed by fire, loss over 
$200,000,000, depriving 100,000 people of homes. In 1872 Boston 
suffered similarly, loss $70,000,000. These cities were both rebuilt 
finer than before. 



I38 AMERICAN CIVICS HANDBOOK 

In 1876 the first great International Fair was held. At Phila 
delphia the Centennial Exposition celebrated the one hundredth an- 
niversary of independence. It proved a great stimulus, to industry 
and mechanical ambition. 

In general the administrations of Grant were devoted to the 
after effects of the Civil War ; the restoration of normal conditions 
financial, political and social, and the general corruption and law- 
lessness were natural to such a critical period. Grant trusted toe- 
greatly to untrustworthy men and, although personally free from 
blame, yet he retired from the Presidency much injured in v -nuta- 
tion. His administrations produced a period of great speculation 
followed by the great financial panic of 1873 causing failures in ex- 
cess of $200,000,000. This and other causes produced a great po- 
litical reaction almost electing Tilden and giving the country a 
much needed period of financial sobriety and political quier. 



ADMINISTRATION OF HAYES, GARFIELD, ARTHUR 1 39 

CHAPTER XLIV. 

Administration of Hayes, Garfield and 
Arthur, 1877-1885 

Memorable Events. 
Electric Inventions. 
Civil Service Reform. 
Great Prosperity. 
Resumption of Specie Payments. 
Greenback Ouestion. 
The Bland Silver Bill of 1878. 
Railroad Strikes of 1877. 
Nez Perce War. 
Civil Service Act of 1883. 
Tariff Agitation; Act of 1883. 
Republican Factions. 
Death of Garfield. 

Summary. 

1 877- 1 88 1, Hayes and Wheeler's administration. 

1877. Nez Perce War and Railroad Strikes. 

1878. Yellow-fever epidemic in South. Remonetization of 
Silver. 

1879. Resumption of Specie Payments. 

1880. Treaty with China regarding restriction of immigra- 
tion. Tenth Census, population 50,155,783. 

1 88 1. Garfield inaugurated March 4. Died September 19. 
1881. Arthur took office July 3, temporarily; permanently 

September 20. 

1881. Atlanta and Yorktown Expositions. 

1882. Mississippi Floods. Act regulating Polygamy. 

1883. New Tariff Act. Civil Service Act, (Pendleton Bill). 

1884. Cincinnati Riots. New Orleans Exposition. 

Electoral vote: 1876: Republican, Hayes, 185; Wheeler, 185; Demo- 
cratic, Tilden, 184; Hendiicks, 184; Greenback, Peter Cooper, 0;' Prohibition 
Smith, (Vote decided by the Electoral Commission). 

Cabinet: State, Evarts; Treasury, John Sherman; War, McCrary 
Ramsey; Navy, Thompson, Goff; Interior, Schurz; Attorney-General, Devens*' 
Postmaster-General, Key, Maynard. 

1880: Republican, GarfieM, 214; Arthur, 214; Democratic, Hancock 
155; English, 155; Greenback, James B. Weaver, 0. 



£4.0 AMERICAN CIVICS HANDBOOK 

Cabinet: State, Blaine, Frelinghuysen; Treasury, Windom, Folger; 
War, Lincoln; Navy, Hunt; Interior, Kirkwood; Attorney-General, Mac- 
Veagh, Brewster; Postmaster-General,, James, Howe. 

XLV Congress. Senate, Republican; House Democratic. Speaker, 
Samuel J. Randall. 

XLVI Congress. Democratic. Speaker, Randall. 

XLVII Congress. Republican. Speaker, J. Warren Keifer. 

XLVIII Congress. Democratic. Speaker, Carlisle. 

PUBLIC POLICY. 

This was a period of comparative political quiet and great 
commercial prosperity. Electric lights, telephones and other ap- 
plication of electricity for the first time. Hayes did not have po- 
litical co-operation in Congress and could accomplish little, but as 
he had the ablest Cabinet since Washington many good steps were 
taken, particularly : I. Silver had been dropped from the coinage 
in 1873 as it was dearer than gold and was not in circulation. In 
1878 silver was used in coinage as it was now cheaper than gold 
and readily circulated. By the Bland- Allison bill the United States 
should coin "not less than $2,000,000 nor more than $4,000,000 
worth" of silver "per month", at the ratio cf 16 to 1 ; though there 
was "free coinage" of gold, this was not "free coinage" of silver. 
Under this act 400,000,000 silver dollars were coined, although 
when there was free coinage (from 1789 to 1873) but 8,000,000 
silver dollars were coined. This act increased the circulation and 
increased business. II. From 1862 to 1879 ^ ie onr y money in 
use was paper money (greenbacks) issued by the government and 
by national banks, except that interest on the public debt and duties 
on imports were paid in coin. In 1879 the government proclaimed 
that it would hereafter redeem its paper money in coin. This state- 
ment was all that was necessary and paper dollars soon rose to par 
and the people preferred the paper money ;o the new coinage. III. 
The old high interest bonds were retired in favor of new low bonds, 
thus saving an annual interest charge of over $30,000,000. 

The two main features of the administrations of Garfield and 
Arthur were : I. The Pendleton Civil Service Act, which was the 
first serious attempt to do away with the "Spoils System," and II. 
The attempt in the Tariff of 1883 to lower the very high tariff un- 
der which "trusts" and millionaires were fostered. The tariff ques- 
tion became the issue in politics for the next eight years. 



ADMINISTRATIONS OF CLEVELAND AND HARRISON 141 

CHAPTER XLV. 

Administrations of Cleveland, (first term) 
Harrison and Cleveland, 1 885- 1 897 

Memorable Events. 
Chicago Riots. 
Presidential Succession. 
Interstate Commerce Commission. 
Admission of New States. 
Pension Vetoes. 
McKinley Tariff. 
Pan American Congress. 
New Congressional Rules. 
Sherman Silver Law. 
Difficulties with Italy and Chile. 
Panic of 1893. 
Wilson Tariff. 

Relations with Hawaii and Venezuela and England. 
The Chicago World's Fair. 

Summary. 

1886. May 4. Strike Riots. "Haymarket" Riot. 

1886. Apache Indians subdued. 

1886. January 19. Presidential Succession Act passed. 

1887. Indian Severalty Act passed. 

1887. Farmer's Alliance formed; becomes Peoples' Party. 

1887. Edmunds-Tucker Act punishing polygamy. 

1888. Australian ballot system introduced in States. 

1 889- 1 890. Territory of Oklahoma organized and opened for 
settlement. 

1889. Admission of North Dakota, South Dakota and Wash- 
ington ; also Montana. 

1890. Eleventh Census, population 62,622,250. 
1890. Admission of Idaho and Wyoming. 

1890. October 1. McKinley Tariff Bill passed ; duties raised 
to about 49 per cent ; "free list" increased. 

1890. July 14. Sherman Silver Act passed; Secretary of the 
Treasury must buy 4,500,000 ounces of silver a month, paying for 
it in silver certificates, a new form of government greenback. 



I42 AMERICAN CIVICS HANDBOOK 

1890. Pan American Congress. 

1890. Type-setting and type-casting machines in use. 

1 89 1. October. Trouble in Valparaiso, Chile over crew of 
Baltimore. 

1890. "Reed's Rules" adopted in the House of Representa- 
tives and filibustering prevented. 

1 892- 1 894. Many Labor Riots and Strikes. 

1894. Wilson Tariff Bill passed; greatly reduced. 

1895. December. Cleveland's Venezuelan Message; a new 
Monroe Doctrine. 

1896. Utah admitted. 

1893. World's Columbian Exposition. 

Electoral votes, 1884: Democratic, Cleveland, 219; Hendricks, 219; 
Republican, Blaine, 182; Logan, 182, 1888; Republican, Harrison, 233; 
Morton, 233; Democratic, Cleveland, 168; Hendricks, 168. 1892: Democrat- 
ic, Cleveland, 277; Stevenson, 277; Republican, Harrison, 145; Reid, 145; 
People's, Weaver, 22. 

Cabinet- State, Bayard, 1885; Blaine, 1889; Poster, 1892; Gresham, 
1893; Olney, 1895. Treasury, Manning, 1885; Fairchild, 1887; Windom, 1889; 
Foster, 1891; Carlisle, 1893. War, Endicott, 1885; Proctor, 1889; Elkiris, 
1891; Lamont, 1893. Navy, Whitney, 1885; Tracy, 1889; Herbert, 1893. Post- 
master-General, Vilas, 1885; Dickinson, 1888; Wanamaker, 1889; Bissel, 
1893; Wilson, 1895. Interior, Lamar, 1885; Vilas, 1888; Noble, 1889; Smith, 
1893; Francis, 1896. Agriculture, Colm an, 1889; Rusk, 1889; Morton, 1893. 
Attorney-General, Garland, 1885; Miller, 1889; Olney, 1893; Harmon, 1895. 

XLIX Congress. Senate, Republican; House, Democratic. Speaker, 
John G. Carlisle. 

L Congress. Senate, Republican; House, Democratic. Speaker, Car- 
lisle. 

LI Congress. Republican. Speaker, Reed. 

LII Congress. Senate, Republican; House, Democratic. Speaker, 
Chas. F. Crisp. 

LIII Congress. Senate, Republican; House, Democratic. Speaker, 
Crisp. 

LI Congress, Republican. Speaker Thomas B. Reed. 

Public Policy. 

With Cleveland the "young Democracy" came to the chair and 
the Civil War issues died politically and economic issues replaced 
them. The campaigns of 1888 and 1892 were almost wholly on 
the tariff question, that of 1884 being clouded by the personality 
of the candidates. In the administration of Harrison the monetary 
question again became prominent and the silver coinage advocates 
adopted the same arguments used by the "Greenbackers" and all 
the "cheap money" parties, arraying the "debtor class" against the 
"creditor class". The tariff and the "silver question" have over- 
shadowed all other political questions from 1884 to 1898. 

One of the first acts of the First Congress, in 1789, was the 
passage of a "protective tariff" act. The higher tariff of the Act of 
1 81 6 remained until 1824 when the question was agitated in several 
acts, 1824, 1828, and 1832, culminating in the Compromimse Tariff 



ADMINISTRATIONS OF CLEVELAND AND HARRISON I 43 

of 1833, which was to be gradually reduced until 1842 when the 
tariff was to be one of only 20 per cent. But in 1842 another act 
was passed which practically restored the tariff of 1832; this was 
followed by a tariff of 1846, taxing luxuries 100 per cent, and 
necessities about 25 per cent. In 1857 the tariff was again reduced 
to an average of 20 per cent, (which did not prevent the panic of 
1857), and this remained until the War Tariff of 1861, which 
raised the taxes from $40,000,000 in i860 to $1,290,000,000 in 
1864. In 1883 the duties were lowered but the average raised from 
43 per cent to 45 per cent. 

In 1888, the McKinley bill raised the average to 49 per cent, 
but greatly increased the number of articles admitted "free of 
duty". This high protection elected Cleveland for his second 
term and the Democrats then passed the Wilson Bill of 1894, which 
included the "income tax", 2 per cent on all incomes exceeding 
$4000, (afterwards declared unconstitutional). This reduced the 
revenue from $203,000,000 in 1893 to $132,000,000 in 1894, and 
produced the first serious deficit since the Civil War, over $70,- 
000,000. 

July 24, 1897, the Dingley Bill was passed. This practically 
restored the high tariff of the McKinley Bill. 



144 AMERICAN CIVICS HANDBOOK 

CHAPTER XLVI. 

Administrations of McKinley and 
Roosevelt, 1897-19 — 

Memorable Events. 
Ding ley Tariff. 
The War with Spain. 
Annexation of Hawaii. 
Philippine Revolt and Pacification. 
Trouble in China. 
Hay-Pauncefoot Treaty. 
Death of McKinley. 
Relations with Cuba. 

Louisana Purchase and the Lewis-Clarke Expositions. 
The Panama Canal. 
Baltimore Fire. 
San Francisco Earthquake. 
Prosecution of Great Corporations. 
Labor Troubles. 

War With Spain. 

1898. February 15. Maine blown up. 

1898. April 20. War begun; declared by Spain April 24. 

War at Sea. 

1898. May 1. Manila Bay. 

1898. April- July. Cuba blockaded. 

1898. June 3. Hobson's exploit. 

On Land and Sea. 

1898. June 21. Cuba invaded. 

1898. July 1. El Caney and San Juan. 

1898. July 3. Battle of Santiago. 

1898. July 17. Santiago surrenders. 

1898. August 12. Peace Protocol signed. 

1898. August 13. Manila falls. 

1898. December 12. Treaty of Paris. 

Summary. 

1897. The Dingley Tariff. Another "high" tariff. 

1898. Spanish War. 

1898. Annexation of Hawaii. 



ADMINISTRATIONS OF M KINLEY AND ROOSEVELT 1 45 

1899. Samoa divided; United States receives Tutuila and 
Pago-Pago. 

1899. Court of Arbitration established at La Plague, Hol- 
land. 

1900. Twelfth Census, population. 76,303,387. 

1900. Seven united nations rescue those beseiged in Pekin 
by the Boxers. 

KJ07. Oklahoma admitted. 

Electoral votes: 1890: Republican, McKinley, 271; Hobart, 271; 
Democratic, Bryan, 176; Sewall, 176. 1900: Republican, McKinley, 292; 
Roosevelt, 292; Democratic, Bryan, 155; Stevenson, 155. 1904: Republican, 
Roosevelt, 336; Fairbanks, 336; Democratic, Parker, 140; Davis, 140. 

Cabinet: State, Sherman, 1897; Day, 1898; Adee, 1898; Hay, 1898; 
Root, 1905. Treasury, Gage, 1897; Shaw, 1902; Cortelyou, 1907. War, Alger, 
1897; Root, 1899; Taft. 1904. Navy, Long, 1897; Moody, 1902; Morton, 1904; 
Bonaparte, 1905; Metcalf, 1906. Postmaster-General, Gary, 1897; Smith, 
1898; Payne, 1902; Wynne, 1904; Cortelyou, 1905; Myer, 1907. Attorney- 
General, McKenna, 1897; Griggs, 1898; Knox, 1901; Moody, 1904; Bonaparte, 
1906. Interior, Bliss, 1897; Hitchcock, 1898; Garfield, 1907. Agriculture, 
Wilson, 1897. Commerce and Labor (created in 1903), Cortelyou, 1903; Met- 
calf, 1904; Straus, 1906. 

LV Congress. Republican. Speaker, Reed. 

LVI Congress. Republican. Speaker, David R. Henderson. 

LVII Congress. Republican Speaker, Henderson. 

LVIII Congress. Republican. Speaker, Joseph G. Cannon. 

LIX Congress. Republican. Speaker, Cannon. 

LX Congress. Republican. Speaker, Cannon. 

Public Policy. 

This period is marked by the enthusiasm and territorial increase 
following the Spanish-American War, and by the attempt to solve 
certain economic questions. 

The treaty of Paris closing the War with Spain was signed 
December 10, 1898, and provided that "Spain relinquishes all 
claim of sovereignty over and title to Cuba", and to the United 
States ceded Porto Rico, the Philippine Islands, Gaum and the La- 
drones, r.nd the United States was to pay Spain for the Philippines 
$20,000,000. Porto Rico is governed by a territorial government 
differing from both an unorganized territory, such as Alaska, or 
an organized one, such as Hawaii. There is a governor and upper 
house appointed by the President, and a lower house elected by the 
people. The Philippines has a similar government with an assembly, 
which met for the first time, opened by Secretary of War Taft, 
October 16, 1907. elected by the people. The Hawaiian Islands 
were annexed by joint resolution of Congress July 7, 1898, and in 
addition to Tutuila Island, Samoa, (acquired by treaty in 1889) 
the United States took possession for telegraph and other purposes 
the hitherto unoccupied islands of Christmas, Baker, Midway, 
Wake and Howland. 

Congress decided that the island possessions were not "under 



146 AMERICAN CIVICS HANDBOOK 

the flag" to the extent of being under the provisions of the Dingley 
Tariff and passed a separate tariff act in 1900. In 1901 the Su- 
preme Court held, that such a separate act was constitutional, that 
these islands were not foreign possessions and yet were not com- 
pletely a part of the United Stats, until Congress should by joint 
resolution annex them. 

The silver question became paramount in the election of 1896. 
The coinage act of 1792 provided for a silver dollar of such weight 
that the gold in fifteen gold dollars would weigh as 
much as the silver in one silver dolllar; this is known 
as 15 to 1. Before the panic of 1857 when depreciat- 
ed bank notes crowded out specie the coinage act of 1834 changed 
the ratio between gold and silver from 15 to 1, to 16 to 1. This 
overvalued silver and caused silver soon to completely pass from 
circulation, so that when by the coinage act of 1873 the coinage of 
silver dollars was stopped it did not create any excitement or in- 
terest. This was afterwards called the "crime of '73". New silver 
mines opened and silver fell lower and lower when measured in 
gold until many said that silver was low because it was "demonet- 
ized", (not coined). To offset this criticism the Bland Act of 1878 
was passed, but this did not give "free silver", permitting free 
coinage, that is, allowing anyone to take a dollar's weight of silver 
(worth about forty cents) to the mint and have it coined into a full 
value silver dollar. In 1878 a silver dollar was worth 89 cents in 
gold; in 1889 but 73 cents, and in 1892 but 67 cents; its value was 
maintained only by its exchangeability for gold. In 1890, to meet 
and anticipate the silver movement, the Sherman Act was passed. 
The $4,500,000 of silver bullion to be purchased each month by this 
act was to be bought by silver "certificates" "exchangeable for 
coin". The government interpreted "coin" to mean "gold coin". 
This increased the note circulation without increasing silver circula- 
tion, until by 1893 the notes amounted to almost $500,000,000. It 
was claimed that the panic of 1893 was caused by this great inflation 
of the currency and so that in November, 1893, the Sherman Act 
was repealed. Prosperous conditions soon followed so that when 
in March, 1900, a brief coinage act was passed placing the whole 
country on an honest outspoken and definite gold basis the nation 
was almost unanimous in its approval. Conditions since have war- 
ranted the single standard action and the silver question, like that 
of the United States Bank and Greenbacks, has passed into history 
and is no longer a live question. 

In 1902 a strike occurred in the coal mining regions, originat- 
ing in Pennsylvania and extending westward. It threatened to stop 
all business and to cause widespread misery. President Roosevelt 
appointed a Commission of Arbitration which settled the strike sat- 



ADMINISTRATIONS OF M KINLEY AND ROOSEVELT 1 47 

isfactory of the parties concerned and prevented great loss of values 
and of life. 

November 3, 1903, a revolution broke out in the City of Pan- 
ama resulting in the expulsion of Columnian authority from the 
Isthmus of Panama. A Republic of Panama was established, 
which was recognized by President Roosevelt November 13, and 
by France, Great Britain, Germany and Russia, later. This Repub- 
lic at once concluded an Isthmian Canal Treaty with the United 
States which was approved by the Senate February 23, 1904, by 
which the exclusive jurisdiction and control was granted to the 
United States to all land, etc., five miles on each side of the Panama 
Canal, and to certain islands in the bay at Panama. This Canal 
Zone is ruled by a Commission appointed by the President under 
the Canal Zone Act, with a Governor of the Zone, who is also Min- 
ister to Panama. The rights of the old French (de Lesseps) Com- 
pany, with all material, were purchased by the United States for 
$40,000,000 and work was at once begun upon the canal, which is 
now rapidly progressing. 

President Roosevelt won great praise for his outspoken and 
energetic attack upon the great corporations. The enforcement of 
the rules of the Interstate Commerce Commission, of the Anti-trust 
law, the Rate law, and other radical measures and the fining of the 
Standard Oil Company in 1907 the enormous sum of $29,000,000 
were but incidents in a strenuous attack upon all corporate and civic 
infidelity, such that a tide of political and financial reform rushed 
over the country; the investigation of the Insurance companies in 
New York ; the prosecution of United States Senators for land and 
other frauds ; the suits of railroad companies by Federal and State 
authority for back-taxes and violations of the Rebate Law, and even 
the interference with the action of certain southern States when such 
action interfered with the Immigration and other laws, all resulted 
in such distrust that an acute financial crisis occurred in 1907 caused 
by the fear by large capitalists of undue government interference in 
legitimate investments. 

OUR DUTY TO THE FUTURE. 

The United States became a world power in 1898: wiselv or 
unwisely the War with Spain caused America to become more or 
less mixed in ''entangling alliances" ; immigration from 1900 in- 
creased to an annual accession of over 1.000,000 persons, large- 
ly from Southern Europe and Asia; this with the vast natural in- 
crease makes it certain that there will be over 200,000,000 in this 
country within 100 years; this vast number, living in a very com- 
plex civilization and under a very complex government, causes the 
future to rest absolutely upon the high intelligence and sterling 



I48 AMERICAN CIVICS HANDBOOK 

honesty of the masses for dishonesty will produce either anarchy and 
disintegration or tyranny and an empire. 

America will become a blessing to the whole human 
race, or a greater curse to humanity than the Roman 
Empire or Napoleon. To achieve the former and 

prevent the latter each citizen must observe carefully: 1 Per- 
petuate perfectly a strong national non-sectarian but moral school 
system. 2. Make the national history and our civil government a 
prime requisite in education. 3. See that absolute honesty of mo- 
tive and act exists in the public service. 4. Study carefully polit- 
ical platforms, but more carefully study candidates, and vote always 
for the best man irrespective of prejudice or party, but when in 
doubt vote for the man of your chosen party. 5. Above all be an 
intelligent partisan ; as all reform in America has always come from 
concerted action, never from sporadic effort. If every citizen par- 
ticipates in political contests professional politicians will not be 
needed ; but as long as the average citizen repudiates political strife, 
just so long the political manager is an absolute necessity. Let every 
American citizen be a patriotic politician. 



